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It’s a common question in a products liability case involving a power tool like a nail gun: Is the product manufacturer liable for injury to a bystander ?

Pennsylvania and New Jersey Defective Products Law

Under Pennsylvania and New Jersey products liability law, those who come into contact with and are injured by a defective product are permitted to bring defective products claims against the product manufacturer, importer, seller, etc.

By placing a product in the stream of commerce, product manufacturers and sellers are liable to the direct user and consumer as well as those who naturally and reasonably come into contact with the product. This includes co-workers, friends, neighbors, spouses, and even children.

For example, on a construction site, a bystander or co-worker who is struck with and injured when a fastener or nail discharges from a defective nail gun may be able to make a defective products claim against the nail gun manufacturer, importer, etc. This same principle also applies to other kinds of defective power tools such as a saw or heavy equipment like a crane.

Under PA and NJ products liability laws, bystanders who are injured in these kinds of accidents are treated the same, as though they purchased the products themselves. Bystanders may be able to receive just and reasonable compensation for pain and suffering, lost wages, medical bills, etc.

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Pennsylvania Defective Tool & Products Law Firm

Our products liability lawyers have prosecuted many defective tool cases, including nail gun defect cases. If you would like to discuss a potential defective tool case, please call Click To Call.

Our defective tool and products liability lawyers represent victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can also obtain special admission in other states such as New York or Delaware on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.