No one expects to be injured due to problems with a purchased product. Nonetheless, they occur in the Pittsburgh area and throughout the state. Injured individuals may be able to seek compensation for the injuries suffered via a products liability lawsuit. One such case brought by a Pennsylvania resident and his wife was recently filed due to an injury the man suffered while using a construction tool that was apparently a defective product.

The man was reportedly injured in January 2010 while using a framing nailer manufactured by Illinois Tool Works Inc.

According to the complaint the man's right thumb was injured when the nailer erroneously injected high-pressure gas into his thumbnail. At the time he was apparently in the process of attaching a metering valve to the tool. It is alleged that the incident occurred as a result of the fuel cell being designed defectively.

As is the case in many products liability lawsuits that make it to trial, an expert was called in by the plaintiffs to offer evidence via testimony. In this case the man and his wife planned to call a man to offer testimony regarding how a different design could have kept users safe. The defense sought to have that testimony excluded on the grounds that it was unreliable. A judge recently issued a memorandum and order regarding the matter finding that it will be heard. The case will proceed and a jury will be able to use the expert's testimony in reaching a decision.

There are several different theories under which a products liability lawsuit could be filed. The basis of this case, design defects, is proper when the very design of the item is what makes it dangerous. Other defects include manufacturing, where there are problems with the way the item is made, and marketing, where the item is held out to be something that it actually is not, resulting in a danger to consumers.

Source: The Pennsylvania Record, "Judge allows expert witness testimony to go forward in products liability case," Jon Campisi, April 17, 2013