Defective Products

Lawyers sometimes agree to represent clients on a contingent fee basis. Instead of billing the client on an hourly basis, the lawyer agrees to accept a fee only upon the successful conclusion of the case. The fee is typically calculated as a percentage of the settlement or trial award. In the event the claim is unsuccessful, the lawyer receives no fee.

Contingent fee practice has been an essential ingredient in our justice system for more than 100 years. It permits every American, regardless of wealth or social standing, the opportunity to pursue a valid claim against even the most powerful corporation or individual. In large measure, the contingent fee has made our justice system the envy of the world. It breathes life into the democratic ideals that no one is above the law and everyone must be accountable for his or her behavior. The contingent fee is the equalizer -- the one device in law that gives injured people, no matter what their financial means, an even break in the courtroom against giant corporations and insurance companies.

At Silberblatt Mermelstein, a large portion of our cases are handled on a contingent fee arrangement. We accept cases involving automobile accidents, malpractice, defective products, work injuries, fall downs, claims against insurance companies, fire losses and death cases on a contingent fee.

Our willingness to accept your case on a contingent fee is your opportunity to enforce your rights if you have been a victim and suffered an injury. The availability of a contingent fee allows you to go toe-to-toe with the individual or company responsible for your injury. The contingent fee is your key to the Courthouse.

When a dispute arises between two people or businesses, sometimes litigation is the only means of resolving the problem. The process of litigation begins when less formal methods of settling a dispute have failed. Litigation is, therefore, the final method of dispute resolution.

In Pennsylvania, litigation is handled by a network of county courts known as "Courts of Common Pleas." Each Court of Common Pleas has the power and authority to conduct jury trials and trials before Judges to solve civil disputes. Complex rules of procedure and the law of evidence control the litigation and trial practices of the courts.

Decisions of the Courts of Common Pleas are reviewable by Pennsylvania's appellate courts -- the Superior Court, the Commonwealth Court and the Supreme Court. Appeals to the Superior Court and Commonwealth Court are an absolute right. However, the Supreme Court of Pennsylvania has the ability to pick and choose the cases it will review.

The judicial branch of the Federal government also operates a court system that serves Pennsylvania. The United States District Court for the Western District of Pennsylvania operates a civil trial court in Pittsburgh, Erie and Johnstown. The types of cases that are tried in Federal court are limited by Federal legislation. Appeals from Federal district court decisions are taken to the United States Court of Appeals for the Third Circuit which convenes in Philadelphia. The Supreme Court of the United States entertains appeals from the Third Circuit.

Litigation is a complicated and consuming area of practice for lawyers. At Silberblatt Mermelstein, we approach litigation seriously -- both the decision to litigate and the decision to settle litigation -- because the purpose of litigation is to enforce your rights, our client's rights.

When injuries are suffered as a result of using an unsafe or defectively designed product, the laws relating to products liability will control whether a financial recovery is available.

As attorneys who represent consumers, we know that the real issue is not products liability, but product safety. Were it not for the American citizens who bring products liability claims in our justice system each year, America would be a much more hazardous place.

Imagine an America in which an automobile manufacturer never had to give the slightest consideration to a recall or redesign of a defective vehicle. Imagine an America in which a manufacturer or retailer could market flammable children's clothing with impunity. Imagine an America in which cancer-causing asbestos was still used to insulate our schools, factories and offices. 

Such an America is unimaginable due to the law of products liability. The law of products liability has had a dual effect -- to compensate people who have been injured by unsafe or defective products and to promote product safety by forcing manufacturers to more carefully design and produce products.

At Silberblatt Mermelstein, we have handled a wide variety of products liability claims. We have litigated cases involving hand tools, swimming pools, industrial equipment, foam insulation, personal hygiene products, pesticides, and a host of others. We have expended the time and resources necessary to understand the scientific, engineering and design factors involved in each case. We have recruited experts from around the country to share their knowledge with us and the juries who have decided these cases.

If you or a friend or family member have suffered an injury by using a dangerous product, call us to discuss the case. Together we may be able to hold the manufacturer responsible and insure that similar injuries are prevented.