Pennsylvania Product Liability Laws
July 28, 2020
Product liability laws are laws that protect consumers from dangerous products that injure individuals. These laws regulate manufacturers, suppliers, retailers, and distributors from injuring others, without consequence. While the basic laws, including what type of injuries are covered and how to determine responsibility, tend to be consistent across states, each state differs in terms of statute of limitations and base of liability claims.
Pennsylvania Statute of Limitations
The state of Pennsylvania limits filing of product liability claims to two years from the date of the injury. Failing to file a claim within this time limit can deem you ineligible for compensation, even if the injury was clearly the fault of the product’s designer or manufacturer. It is important to note, however, that there are exceptions to this time limit.
For example, if the negligent party commits fraud, then the time limit may be extended. This includes any actions that were done in an attempt to fraudulently conceal the product’s defects. In this case, the statute of limitations begins from the date that a reasonable person should have noticed that the product was defective.
Statute of repose is another exemption. Pennsylvania extends the time limit up to 12-years for occurrences of a statute of repose. This extended timeline gives injured parties up to the 12-year time limit to file a product liability claim on real estate or home improvement products that lead to injuries.
Recoverable Damages in a Product Liability Case
Each product liability case differs, and the injuries that were sustained will determine how much it impacts the plaintiff’s life. Major injuries could prevent the individual from returning to work. Property damages related to the broken or defective product can also be expensive.
The following damages can be recovered in a product liability case:
- Medical costs
- Lost wages and benefits
- Diminished earning capacity
- Pain and suffering
Other costs, like ones associated with disabilities, might also be factored into the overall compensation amount. Pennsylvania recognizes modified comparative fault standards, which means that an individual can only collect compensation for the portion of the injuries they are not responsible for.
Pennsylvania Standards for Product Liability
Pennsylvania uses the following standards when determining whether product liability is present.
- The consumer expectations standard: The consumer expectations standard considers whether the product is more dangerous than one would realistically expect it to be. Some products do carry a minimal degree of risk.
- The risk-utility standard: The risk-utility standard considers whether or not the injuries were significant enough when compared to the burden of taking precautions.
It is also possible for product liabilities to come from manufacturing defects or a lack of warning of the product’s potential dangers.
Working With an Experienced Product Liability Lawyer
If you were injured from a defective product, then it is only right that the responsible party covers your damages. Whether you are facing expensive medical bills or the inability to work, we will fight hard to protect your rights and get you the compensation that you need to recover from your injuries.
Contact a Scranton Product Liability Lawyer to Discuss Your Defective Product Case in Pennsylvania
Did you or a loved one sustain serious injuries due to defective products in the state of Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Quinn Logue LLC represent clients injured because of defective products in Pittsburgh, Penn Hills Township, Mount Lebanon Township, Bethel Park, and throughout Pennsylvania. Call (412) 765-3800 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 200 First Ave. 3rd Floor, Pittsburgh, PA 15222, as well as an office in Scranton, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.