Consumers have the right to expect their products to be safe to use as advertised. When a defective product causes harm, a Pennsylvania product liability lawyer will help you recover compensation.
Product liability law protects injured consumers and holds negligent manufacturers and retailers accountable. The product liability lawyers at Munley Law have been representing Pennsylvanians for decades. We have successfully handled cases against industrial manufacturers, automotive companies, medical device makers, and other big companies whose products caused harm. Call us today for a free consultation.
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What Is a Product Liability Claim in PA?
A product liability claim is brought against a product manufacturer, distributor, supplier, or retailer that caused a consumer injury or harm due to a product defect or failure. Claims are based on the principle that manufacturers and sellers must ensure their products are safe.
When products fail to meet safety standards or expectations and consumers are harmed, the injured parties may file a personal injury claim to get compensation for their injuries, damages, and losses.
Common product liability claims include medical devices, unsafe drugs, dangerous consumer and household products, automotive parts, electronics, and more.
Types of Pennsylvania Product Liability Claims
Product liability claims typically fall into one of three categories:
Design Defects
Sometimes a product’s design is inherently unsafe, even if nothing goes wrong in manufacturing. Poor design choices can make the entire line of products fundamentally dangerous. Claimants in design defect cases must often show that there was a feasible, safer alternative design that the manufacturer could have chosen instead. A certain model of a car that tends to flip over while making sharp turns, even when used as intended, would have a design defect.
Manufacturing Defects
Many defects occur during the manufacturing process. Despite a product being safely designed, something goes wrong in the factory or during production, resulting in an unsafe product. A manufacturing defect will usually affect a single product or a batch rather than an entire line of products.
Failure to Warn
Companies are required to provide adequate warnings or instructions about proper use. They must also warn consumers about potential risks and hazards associated with the product. Failure to instruct and warn is considered negligent. The product might be safe when used correctly, but the lack of warnings can lead to misuse or exposure to dangers that the consumer is unaware of. A powerful cleaning chemical that doesn’t have clear instructions or warnings about the need to wear protective gloves would cause chemical burns to users.
Common Product Liability Cases in Pennsylvania
Consumers have a right to safe products. While many product defects are not intentional, companies have a responsibility to be diligent in designing, manufacturing, and testing products. When a safety issue arises, they must also take prompt, appropriate action to minimize harm.
The National Safety Council recorded more than 15 million consumer product injuries in 2024, an 18 percent increase from 2023. Common dangerous or faulty product types include:
- Children’s toys and products, including bouncer chairs, cribs, and carseats.
- Vehicle parts, such as engine parts, brakes, and airbags. The Takata airbag recall is one of the most notorious product liability cases involving automotive parts. Takata Corporation, a major supplier of automotive safety equipment, manufactured defective airbags that are linked to numerous injuries and deaths worldwide. The issue led to the largest automotive recall in U.S. history, involving millions of vehicles from various manufacturers around the globe.
- Contaminated prepackaged food and deli items that cause food poisoning.
- Medical devices and prescription drugs.
- Cleaning supplies and other chemicals that pose health risks, including Roundup.
- Tech items, such as the Samsung Galaxy Note 7 phone. In 2016, the company had challenges with a design flaw in the lithium-ion batteries that caused the phone to overheat and catch fire.
Any item can pose a safety risk if it is inherently dangerous or defective. If you or a loved one have been harmed, you deserve compensation. Call Munley Law’s Pennsylvania product liability attorneys today to schedule a free consultation to discuss the next steps in your claim.
How a PA Defective Product Attorney Can Help
A Pennsylvania defective product lawyer will help you establish the basis for a claim, prove fault, and secure compensation for injuries or damages caused by defective products.
Your lawyer will investigate your claim and identify who can be held responsible. Pennsylvania uses a comparative negligence standard, meaning you can still claim compensation if you contributed to an accident, as long as you are less than 51 percent responsible.
After establishing your claim, your lawyer will negotiate with the defendants and their insurance companies on your behalf to seek a fair settlement that compensates you for all your damages. If a fair settlement can’t be reached, your lawyer will be prepared to represent you in court.
Munley Law’s Pennsylvania product liability attorneys will provide you with ongoing legal counsel, support, and guidance throughout the entire process. We will keep you informed about the progress of your case, answer your questions, and address any concerns you may have. Call our Pennsylvania law office today to schedule a free case review.
Liability for Defective Product Claims in Pennsylvania
Multiple parties may be held responsible for a product defect, depending on the type of defect and the party’s knowledge of the issue.
Manufacturers: The manufacturer of the defective product is often the primary party held responsible in product liability cases. Companies involved in designing, assembling, or producing the product may be liable. Manufacturers can be liable for defects in the product’s design, manufacturing process, or marketing.
Retailers: Retailers that sell defective products to consumers can be held liable if they are aware of the defect or fail to warn consumers about known dangers associated with the product. Retailers are responsible for timely responses to issued recalls.
Designers and Engineers: Individuals or companies involved in designing or engineering the product may be liable if the design is defective and unreasonably dangerous.
Testing Laboratories: Testing laboratories or facilities responsible for testing the safety and reliability of products may be held liable if they negligently performed their duties or failed to detect defects that should have been discovered.
A Pennsylvania product liability attorney from Munley Law will assess your case to identify all parties responsible for the product defect that caused you harm. Call our injury attorneys today for your free case evaluation.
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Proving a Defective Product Case in Pennsylvania
In most defective product cases, you need to prove negligence. Your legal team will investigate your claim to establish that:
- The defendant owed you a duty of care.
- The defendant violated the duty by producing or selling a product containing a defect in design, manufacturing, or warning/advertising.
- The defect caused injury or illness.
- You suffered damages, including medical bills, lost income, and pain and suffering.
Your product liability attorneys will gather photos and videos of the defective or malfunctioning product and any injuries or damage it caused. They will review the records of your injuries and medical treatment. They will document any communications with the product’s manufacturer or retailer.
The company may be quick to offer you a settlement, but you should always consult with an attorney before accepting. Many initial offers do not fully compensate for the victim’s injuries and losses.
If you’ve been injured, call Munely Law’s Pennsylvania dangerous product attorneys today to discuss how we can help you recover the compensation you deserve.
Consult a Dedicated Pennsylvania Product Liability Lawyer
When companies release unsafe products to the market, they must be held liable for the harm they cause to consumers.
Munley Law has served Pennsylvania residents for decades. Our attorneys are consistently named on Best Lawyers and Super Lawyers lists. We have fought for the rights of clients injured by defective products through litigation and advocating for legislative protections against manufacturing loopholes. Munley Law isn’t afraid to take on big corporations to demand justice on your behalf.
Munley Law works on a contingency fee basis. Our law firm does not collect any payment until we make a recovery in your favor. When we win your case, we take a percentage of the settlement or award to cover our legal fees. If we don’t win your case, you don’t pay anything.
Whether you were harmed by an electronic device or a pharmaceutical product, you deserve fair compensation for your damages. Contact a Pennsylvania product liability attorney at Munley Law for a free consultation today.
Frequently Asked Questions About Pennsylvania Product Liability Cases
Can I sue even if a product was recalled?
You can sue for damages even if a product has been recalled. A voluntary product recall is an action the manufacturer, distributor, or retailer takes to remove a product from the market or correct a safety issue. The Consumer Product Safety Commission also has the authority to issue mandatory recalls. However, a recall does not absolve liability.
How does a recall impact my claim?
A product recall can sometimes strengthen a plaintiff’s case in a product liability lawsuit by proving the product defect was known. A recall may also show that the defendant failed to take adequate measures to ensure the safety of consumers or provide timely warnings about the product’s dangers. In many recall situations, a class action lawsuit replaces a personal injury claim.
What is the statute of limitations for product liability cases in PA?
Victims have two years from the date of the injury to file a personal injury claim in Pennsylvania. Exemptions to the statute of limitations may apply for cases involving minors or when a connection between the product and the injury is not immediately apparent.
What compensation is available in a Pennsylvania product liability lawsuit?
Compensation for a Pennsylvania dangerous product case includes:
- Medical bills
- Property damage
- Lost wages and earning potential
- Future medical care
- Pain and suffering
- Emotional distress
- Loss of enjoyment
What are common dangerous product injuries?
Because product liability covers an array of accidents, injuries can range from mild to catastrophic. Common injuries can include:
- Bruises, cuts, and scrapes
- Concussions
- Fractures and broken bones
- Burns
- Sickness associated with food poisoning
Severe accidents can cause amputations, spinal cord injuries, and even wrongful death.
