Philadelphia Mesothelioma Lawyers

This case involved the parents of a minor child to recover damages for injuries suffer by the child during fetal stage cause by a drug administered to the mother during delivery.  The doctor ordered that the mother be infused intravenously with a drug called, Pitocin.  The child was delivered with brain damage, permanent blindness and quadriplegia.   The parent’s lawyers alleged that the drug was the proximate cause of the child’s injuries.  The lawyers alleged that the manufacture was strictly liable for failure to warn doctor’s and patients of the dangers of using the drug while the fetus is in high station render the drug not reasonably safe.

Philadelphia Mesothelioma Lawyers

The question of law in the case is whether, in an action to hold a defendant strictly liable for failure to warn of a danger attendant to the use of a product, the families lawyers must prove that the defendant knew or should have known of the danager.

The court ruled that in a failure to warn case, knowledge is an essential element that must be proven.

So if you are alleging that a manufacture failed to warn its customers that asbestos could cause cancer and failed to warn, your attorney will need to prove that the manufacturer knew that it was not safe and disregard that knowledge.Posted inCause of Action, General, Litigation

Strict liability is one of the claims that a Philadelphia mesothelioma lawyer can assert if he is going after a chain of manufacture of asbestos product.  Generally, an attorney will include the manufacturer of the component part, an assembling manufacturer, the wholesaler, and the retail store owner.  Depending upon who you are in the chain of manufacture, you can be strictly liable if someone gets mesothelioma as a result of your products.  In Philadelphia, there are types of product defects: design defects, manufacturing defects, and defects in marketing.

Product liability is generally considered a strict liability offense.  Strict liability does not depend on the degree of wrong by the Defendant.  Instead strict liability holds a defendant liable when it is shown that the product is defective which makes it a lot easy to prove that the cancer was the fault of the manufacture if the product had asbestos.Posted inCause of Action, General, Litigation

One of the potential claims in a Mesothelioma lawsuit is product liability.  Products lbility law cmbines elements of tort  as well as contract (warranties) law (negligence, strict liability, deceit). What this means is that a plaintiff has a variety of ways to make their claim again a defendant in a Mesothelioma- lawsuit-. The persons with Mesothelioma / their family will claim that the  seller, distributor, manufacturer, or other party is at fault for supplying a dfective prdct or that the prduct was sold with false, erroneous or misleading information. In this case, it was sold with asbestos and they knew that asbestos was dangerous to the public but sold it any ways.  If the suit is contested the defendant’s response is usually to argue that the product was free of defects. Alternatively, they will seek to shift the blame for the harm caused from themselves to the plaintiff by stating that the plaintiff misused the product or knew it was dangerous and assumed the risk. However if it is found that the plaintiff misused the product they may still succeed in their claim, but only if the manufacturer could have foreseen that way the product would be missed used.

If the claim on this cause of action is successful in a Mesothelioma case, the plaintiff will be entitled to damages for injury related expenses including funeral costs (if the person died as a result of the injury), past and future medical expenses and damages for pain, suffering and future earnings as well as loss of service and society if applicable.Posted inCause of Action, General, Litigation

More and more families of Mesothelioma are filing wrongful death cases against the former employers of their deceased family member after they were diagnosis with Mesothelioma and they passed away due to it.  In some cases, the attorneys sue all past employers where the deceased was potentially exposed to asbestos during their work career and then force the employers to flight amongst themselves to prove that they were less responsible or not responsible at all.  In one case, the lawyers alleged liability for his client’s wife’s illnesses and death, breach of warranty, product liability, conspiracy, concealment and willful misconduct.  This enable them to add manufacturer of products that can asbestos as well as employers who had asbestos in the work place.Posted inGeneral, Litigation

Welcome to the Philadelphia Mesothelioma Lawyers directory.  We provide you with information for finding competent lawyers in Philadelphia that practice tort law for Mesothelioma victims.  We will also be providing guidelines and tips on how to interview and select the best attorneys to help you with your Mesothelioma case.  Its very important that you find a reputable attorney so do your research and make sure you hire or retain a lawyer who can represent your rights to the best of his or her ability.Posted inGeneralProudly powered by Philadelphia Mesothelioma Lawyers

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