What Are My Rights When Injured by a Product?
Pennsylvania’s product liability laws allow you to take legal action if a defective product harms you. You don’t need to prove that the product’s manufacturer meant to cause harm. You only need to show that the product was defective and that the defect caused your injury. Depending on the situation, you could have a product liability claim against the manufacturer, the seller, or another party.
Types of Product Defects
Most product liability claims fall into one of three main categories that vary based on the nature of the problem with the product. If a product defect fits into one of the three following categories, you could have grounds to seek compensation for your injuries:
- Design Defect : A design defect arises when a product’s overall plan or blueprint makes it unsafe, even if the manufacturer builds it exactly as intended. The problem starts before the product ever leaves the factory because the design itself creates a risk of harm.
- Manufacturing Defect : This type of defect occurs when something goes wrong during the making of a product, such as a part breaking during assembly. Whatever the cause, the finished product is different from how the company meant for it to be—and more dangerous.
- Failure to Warn (or Marketing Defect): Some products, such as knives, are inherently unsafe.
When a company knows that one of its products poses a risk, it has a duty to explain that risk clearly with labels, warnings, or instructions. If a company fails to warn consumers or hides important information, it could be held responsible for preventable injuries.
What Compensation Can You Seek in a Product Liability Case?
If a defective product hurts you, you can demand compensation for different types of losses stemming from your injuries. This could include money for your medical bills, income losses, and the pain and suffering you experience due to your injuries. If your injuries affect your daily life or keep you from working, that could increase the value of your case. The courts will look at the full impact of your injury, both now and in the future, when deciding how much compensation to award.
Time Limits for Filing a Product Liability Lawsuit in Pennsylvania
Pennsylvania law gives you two years to file a product liability lawsuit. The filing window usually starts on the day when the injury occurs. If you wait too long, the court may dismiss your case, even if you have strong evidence and legal arguments.
In some cases, you could get extra time to bring your claim if you didn’t discover the injury right away. However, if the defect relates to construction work or building materials, the law imposes a hard 12-year deadline from the date the product was delivered. It’s best to speak with a lawyer as soon as you suspect a defective product contributed to your injury to protect your right to sue.
Contact a Pennsylvania Product Liability Attorney
If a defective product hurt you or someone close to you, contact Stine & Associates, P.C., today. Your first consultation is free, and you won’t pay anything unless we recover money for you.