Pennsylvania Lawyers Answer The Most Common Questions About Product Liability

On behalf of Dan Doyle Law Group posted in Products Liability on Friday, July 13, 2018.
product liability attorney
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When you purchase a product, you expect it to function properly and want to get what you paid for. But unfortunately, each year, many people in Pennsylvania get injured because the product they purchased was defective or inherently dangerous.

It should not come as a surprise that many of these people do not realize that they can sue the manufacturer of the product and may be able to recover compensation for their injuries. For this reason, we asked our Philadelphia product liability attorney to answer some of the most common questions about defective products and outline ways to get compensated for your injuries and damages.

Q: What is Pennsylvania’s product liability law all about?  

Like all other states in our country, Pennsylvania has very strict laws when it comes to handling cases involving defective and dangerous products. In the state of Pennsylvania, manufacturers have a duty to ensure that their products are reasonably safe and the consumer is warned about all foreseeable dangers and risks.

Failure to ensure the consumer’s safety on the part of the manufacturer may entitle the injured consumer to file a product liability lawsuit against the manufacturer.

Q: What is the statute of limitations for product liability claims in Pennsylvania?

“The statute of limitations for product liability claims in Pennsylvania is two years from the date you were injured,” says our experienced product liability attorney in Philadelphia. Failure to submit a claim within this timeframe may result in the loss of your right to sue the manufacturer of the defective product.

Q: What types of defective product liability claims are there?

In Pennsylvania, defective product liability claims fall into three categories:

  1. manufacturing defect;
  2. design defect; and
  3. failure to warn.

Each type is different and requires a unique legal strategy when it comes to establishing liability and proving that the manufacturer was negligent.

Q: Who decides whether a product was defective?

Although any Philadelphia product liability attorney can determine whether or not a product is defective, the final decision on whether or not the product is in a defective condition will be given by the jurors, not the court. The decision is most often based on the results of the consumer expectations test, which is provided by the injured plaintiff and his/her lawyer during the litigation. Also, attorneys may resort to the risk-utility test to establish that the product was unsafe for the consumer and/or did not function as expected or intended.

Q: What damages can you recover through a product liability claim?

In addition to recovering compensation for the past and future medical expenses associated with the medical treatment of your injuries, your lawyer can help you recover the following damages:

  • Loss of income;
  • Loss of earning capacity;
  • Pain and suffering;
  • Emotional distress;
  • And others.

Q: Do you have to prove that the manufacturer was negligent?

Not necessarily. In Pennsylvania, you do not have to prove negligence on the part of the manufacturer of the product and other parties in the chain of distribution in order to recover compensation. But just because you do not have to establish the defendant’s negligence in your product liability lawsuit, it does not necessarily mean that winning product liability cases is easy. It is not.

In the vast majority of cases, the injured plaintiffs who win product liability cases in Pennsylvania are represented by skilled lawyers. Make the right decision. Contact the Dan Doyle Law Group, a reputable and respected law firm in Pennsylvania, to speak about your particular case. Let our lawyers formulate a legal strategy for you. Get a free consultation by calling at 215.987.3730 or fill out this contact form.

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