Northeastern Pennsylvania Product Liability Attorneys

Pennsylvania Product Liability Law

Pennsylvania’s Product Liability Law holds sellers of defective products are under strict liability for injuries sustained by consumers. Because of this, the injured does not need to prove negligence, just that the product was defective and caused the injury.

Under strict liability law, the seller of the product, including the manufacturer and retail seller, can face liability for injuries sustained if:

• 1. The product was defective
• 2. The defect existed when it was sold
• 3. The defect caused harm to a consumer

To be considered defective, the product must be missing elements that make it safe or contain elements that would make the product unsafe. There are three forms of defects:

• Manufacturing Defects: Includes flaws in construction and is proved by illustrating evidence of a malfunction without improper use
• Design Defects: The product lacked safety features which are proved via expert testimony that the design could have been safer
• Defects From Absent/Ineffective Instructions Or Warnings: If no safety instructions exist, consumers may use the product improperly without knowing

A victim has two years from the time of death or injury to make a claim against the seller and manufacturer. If fraudulent concealment is the reason why the defect was not discovered, the injured party’s time does not begin until the discovery of the defect occurs. However, if the victim is 50% responsible, they still can recover some damages for injuries sustained.