Pennsylvania, like many states, has established laws that protect consumers from defective and dangerous products. These laws allow individuals who have been injured or harmed by a product to seek compensation from the manufacturer or seller. This article outlines Pennsylvania’s product liability laws, including types of product defects, who can be held liable, and how a lawsuit can be pursued.
Table of Contents
Types of Product Defects
Pennsylvania recognizes three types of product defects: design defects, manufacturing defects, and warning defects.
Design Defects
Design defects occur when there is an inherent danger in the product’s design, even if it was manufactured and used as intended. An example of a design defect would be a car that is prone to flipping over because of a design flaw in the suspension system.
Manufacturing Defects
Manufacturing defects are flaws that occur during the manufacturing process. These defects can make products dangerous, even if the design of the product is sound. An example of a manufacturing defect would be a bicycle that has a weak welding joint that fails and causes the rider to crash.
Warning Defects
Warning defects arise when a product’s manufacturer fails to provide adequate warnings about potential dangers associated with the product’s use. For example, a drug manufacturer who fails to disclose the potential for serious side effects associated with a medication would be liable for a warning defect.
Who Can Be Held Liable?
In Pennsylvania, any party in the chain of distribution can be held liable for a product defect that causes injury or harm. This includes the product manufacturer, wholesaler, distributor, and retailer.
Product Manufacturer
The product manufacturer is the entity that designs and produces the product. Manufacturers are strictly liable for defects in their products, meaning they can be held responsible for any harm caused by their product, even if they were not negligent.
Wholesaler and Distributor
Wholesalers and distributors are responsible for moving the product from the manufacturer to the retailer. These entities can also be held liable for product defects if they knew or should have known about the defect and failed to take any steps to prevent harm.
Retailer
Retailers are responsible for selling products to consumers. In Pennsylvania, retailers can be held liable for product defects if they knew or should have known about the defect and failed to take any steps to prevent harm.
Pursuing a Lawsuit
If you have been injured or harmed by a product defect, you may be able to pursue a lawsuit to recover damages. To do so, you must prove that the product was defective and that the defect caused your injury or harm.
Statute of Limitations
In Pennsylvania, product liability lawsuits must be filed within two years of the injury or harm caused by the product defect. It is important to act quickly if you are considering filing a lawsuit to ensure that you do not miss the statute of limitations deadline.
Damages
Damages in a product liability lawsuit may include medical expenses, lost wages, pain and suffering, and long-term disability costs. The amount of damages awarded will depend on the severity of the injury and the impact it has on the victim’s quality of life.
Conclusion
Pennsylvania product defect and liability laws are designed to protect consumers from dangerous and defective products. If you have been injured or harmed by a product defect, you may be entitled to compensation from the manufacturer, wholesaler, distributor, or retailer. Contacting an experienced product liability attorney can help you navigate the complex legal system and ensure that your rights are protected.