Fighting Charges for Philadelphia Product Safety Violations

Fighting Charges for Philadelphia Product Safety Violations

Getting hit with product safety violation charges can be scary. As a business owner, you may feel overwhelmed and unsure of what to do next. But don’t panic – there are things you can do to fight the charges. In this article, we’ll walk through some key strategies and resources to help you build your defense case.

So what can you do once violations or injury claims come up? Here are some key legal strategies to consider:

Consult a product liability attorney

Navigating product regulations and building a strong legal defense is complex. Working with an experienced Philadelphia product liability lawyer from the start is crucial. They can help you understand the specific laws and liabilities you’re facing and start crafting an effective response strategy. Top attorneys have a track record of getting charges reduced or even dismissed through careful investigation and argument preparation. And if a lawsuit does move forward, they know how to mitigate damages and aim for the best possible settlement or trial outcome. Reputable firms like Wieand Law Firm and The Reiff Law Firm offer free case evaluations to help determine your options.

Challenge the product defect claim

A core part of any product liability charge is proving there was a legitimate defect that made the product unreasonably dangerous and caused real injury. As the manufacturer or seller, you can fight back by contesting those defect and injury claims. For example, if a consumer says they got sick from eating contaminated salsa but there’s no evidence it actually had bacteria, you have grounds to challenge. Or if someone claims your toy injured their child but it turns out they misused the product in an unintended way. Your attorney can help gather evidence and testimony to poke holes in the plaintiff’s story.

Argue the consumer misused the product

Even if there was a defect, you may still have a defense if you can show the consumer misused the product in a careless or improper way. Like if someone used a power tool in a wet area when the manual specifically warned against that. The doctrine of contributory negligence can shift some or all liability back onto the consumer in cases like these. Your lawyer can argue they assumed the risks of misuse.

Claim no duty to warn

Manufacturers and sellers aren’t expected to warn against every possible risk – only reasonable ones. Your attorney can argue that the injury stemmed from an obscure, unforeseeable danger you couldn’t have predicted and thus weren’t responsible for warning about. Or that the consumer had special expertise such that additional warnings weren’t necessary.

Dispute the damages

If you do end up liable for defects, you may still fight back against excessive damage demands. Plaintiffs often inflate claims for medical costs, lost income, and pain/suffering. But skilled attorneys can negotiate or pick apart unrealistic amounts through discovery requests, expert testimony, and evidence-based calculation methods. Getting inflated demands lowered can save you major settlement or court award costs.

Explore alternatives like settlement

Of course, battling out a lengthy court fight isn’t always the best path forward. Many product liability cases end in a settlement, especially when the business accepts some responsibility and wants to avoid further legal fees and reputation damage. Your lawyer can advise if settlement makes sense and negotiate an amount that covers the consumer’s actual damages without overpaying. Though admitting fault could still expose you to related lawsuits.

Hopefully this gives you a better sense of where to start in building your defense against product safety violation allegations or injury lawsuits. Having an experienced lawyer guide you through investigation, argument preparation, and litigation can make all the difference. Be sure to ask prospective attorneys about their specific experience with product liability cases in Philadelphia, typical results, and what strategies they’d use for your situation. And don’t wait to connect with them – the sooner you start crafting your defense, the better.

Wishing you the best outcome moving forward! Let me know if you have any other legal questions.