Suffering injuries because of a defective product can leave you frustrated, overwhelmed by medical bills, and uncertain about what comes next. Many people in Pennsylvania don’t realize how difficult it can be to hold a manufacturer or seller accountable without strong legal representation. If a dangerous product harmed you, knowing how to prove a defective product caused your injury in Pennsylvania could make the difference in protecting your rights.
Working with a Pennsylvania product liability lawyer can help you identify the responsible party, gather evidence, and build a strong case. If you or a loved one suffered harm from a faulty product, don’t wait to contact a Pennsylvania defective product attorney near you for a free consultation.
Schedule A Free Case Consultation
Key Takeaways: Proving Product Liability in PA
- Pennsylvania law recognizes multiple legal theories for defective product claims, including strict liability, negligence, and breach of warranty.
- Plaintiffs must show the product was defective, unreasonably dangerous, and directly caused their injuries.
- Evidence such as the defective product, medical records, and purchase receipts can help strengthen a claim.
- Liability can extend beyond manufacturers to distributors, wholesalers, retailers, and component makers.
- Pennsylvania enforces a two-year deadline to file most product liability lawsuits, with limited exceptions.
What Is Product Liability Law in Pennsylvania?
Pennsylvania product liability law allows injured consumers to bring lawsuits against companies that make, distribute, or sell unsafe products. The purpose is to hold businesses responsible when their products cause preventable harm. Three main legal theories form the basis of these claims.
Strict Liability for Defective Products
Strict liability means an injured person doesn’t need to prove the manufacturer acted carelessly. Instead, they only need to show the product had a defect that made it unreasonably dangerous and that defect caused the injury.
Negligence-Based Claims
Negligence requires showing that the company failed to act reasonably during design, production, or marketing. For example, a manufacturer that ignored industry safety standards or failed to test its product thoroughly may be liable for negligence.
Breach of Warranty Claims
When a product fails to perform as promised, breach of warranty applies. Warranties can be expressed, meaning stated in writing or advertising, or implied, meaning the product should be reasonably safe and functional.
What Are the Three Types of Product Defects?
Pennsylvania law recognizes three categories of product defects. Each affects liability differently.
Design Defects
A design defect exists when the product is inherently unsafe, even if manufactured correctly. For instance, a car designed with an unstable roof that collapses too easily has a design defect.
Manufacturing Defects
A manufacturing defect happens during production, making the product dangerous even though the overall design is sound. An example would be a batch of medications contaminated during bottling.
Failure to Warn (Marketing Defects)
Failure to warn occurs when a company sells a product without adequate instructions or warnings. If a power tool lacks clear warnings about potential hazards, the manufacturer may be responsible.
How Do You Prove a Product Was Defective?
Proving a product defect in Pennsylvania requires more than showing you were hurt while using the item. The law places a burden on the injured person to demonstrate that the product was unreasonably dangerous, that the defect existed before the product left the manufacturer’s control, and that no substantial changes were made to the product before it reached you. These elements create a framework for liability, and each requires evidence.
A lawyer familiar with Pennsylvania product liability cases can play an important role in gathering the right proof, countering the manufacturer’s defenses, and ensuring that nothing gets overlooked. Companies and their insurers often fight hard to avoid responsibility, which makes legal guidance valuable for leveling the playing field.
Demonstrating the Product Was Unreasonably Dangerous
Your lawyer must show the product posed risks beyond what an ordinary consumer would expect. Courts often consider whether safer alternatives existed at the time.
Showing the Defect Existed When It Left the Manufacturer
Your attorney must prove the defect was present before the product reached you. This prevents liability for damage that occurred later through misuse or improper handling.
Proving the Product Reached You Without Substantial Change
If the product was altered after leaving the manufacturer, the company may argue it no longer bears responsibility. Evidence must show the product remained essentially the same until use.
What Evidence Do You Need to Build Your Case?
Evidence often makes the difference between a strong product liability case and one that fails. In Pennsylvania, you need to show not only that you were injured but also that the injury was directly caused by a defective product. Gathering the right documentation and materials helps prove each part of your personal injury claim. The more thorough your evidence, the harder it becomes for a manufacturer or insurance company to deny responsibility.
The Defective Product Itself
The most powerful piece of evidence is usually the defective item that caused the injury. Keeping it in its original condition is important because it shows the defect directly or can be inspected by engineers or safety specialists.
Medical Records and Documentation
Medical documentation connects the defective product to your injuries. These records also show the seriousness of the harm. Useful documentation includes:
- Hospital and doctor notes: These describe what injuries you suffered and how they were treated.
- Test results: Imaging scans or lab tests can show how the injury occurred. For example, burns from a malfunctioning appliance will often appear in a distinct pattern.
- Billing records: These link the injury to specific treatment costs, showing how the defective product created financial strain.
Medical records act as a bridge between the defective product and your personal experience of harm.
Photographs and Videos
Visual evidence of the defective product, the accident scene, or your injuries can strengthen your case. Photos taken soon after the incident are especially persuasive.
Expert Witness Testimony
Sometimes, testimony from professionals such as engineers or doctors is used to explain how the defect occurred and why it caused your injuries.
Product Documentation and Instructions
Manuals, packaging, or safety instructions can show whether the company provided adequate warnings or information.
Purchase Receipts and Records
Proof of purchase helps demonstrate that you used the product as intended and that you were the rightful owner.
How Do You Prove Causation in a Pennsylvania Product Liability Case?
Even with a defective product, your attorney must connect it directly to your injuries. Causation is the link between the defect and harm.
Establishing Direct Link Between Defect and Injury
Establishing causation often begins with showing a direct link between the defect and the injury. For example, if a pressure cooker explodes and causes burns, the timing and nature of the injury make it clear that the product failure led to the harm.
Courts look closely at whether the product acted in a way that could reasonably be expected to cause the specific injury.
Ruling Out Alternative Causes
Defendants often argue something else caused the injury. Evidence must rule out other explanations such as unrelated health conditions or user error.
Using Medical Evidence to Connect Injury to Product Use
Medical evidence also plays an important role in proving causation. Doctors can describe how the injuries you suffered match the way the product malfunctioned. For instance, certain burns or fractures may occur only when a product fails in a specific way, making it more difficult for the defense to argue another source caused the injury.
Who Can Be Held Liable for a Defective Product?
Product liability in Pennsylvania doesn’t stop at the manufacturer. Other parties in the supply chain may share responsibility.
- Manufacturers: The primary target in most claims, manufacturers control design, testing, and production.
- Distributors and Wholesalers: These middle parties may be liable if they played a role in getting the unsafe product to consumers.
- Retailers: Stores that sell dangerous products can also be held accountable, especially if they ignored known risks.
- Component Part Manufacturers: When a defective part within a larger product caused the injury, the part manufacturer may be held responsible.
What Damages Can You Recover?
If you succeed in a product liability case, Pennsylvania law allows you to pursue compensation for different types of losses.
Economic Damages
These include medical bills, lost wages, future medical treatment, and other measurable financial costs.
Non-Economic Damages
Non-economic damages address harder-to-measure losses such as pain and suffering, or the impact injuries have on your quality of life.
Punitive Damages in Exceptional Cases
Courts sometimes award punitive damages when a company’s conduct was especially reckless, such as ignoring known safety risks.
What Is Pennsylvania's Statute of Limitations for Product Liability Claims?
Pennsylvania law generally gives injured people two years from the date of injury to file a lawsuit.
Discovery Rule Exceptions
Sometimes, injuries don’t show up immediately. The discovery rule allows extra time if you couldn’t reasonably know about the defect or harm right away.
Statute of Repose Considerations
In some cases, a product’s age limits claims regardless of when the injury occurred. This long-term deadline is called a statute of repose.
Common Defenses Used by Product Manufacturers
Manufacturers rarely admit fault easily. They often use legal defenses to fight claims.
Product Misuse or Alteration
Companies may argue the user misused the product or changed it in a way that caused the injury.
Assumption of Risk
Defendants sometimes claim you knew the product was dangerous and chose to use it anyway.
Comparative Negligence Under Pennsylvania Law
Pennsylvania law allows defendants to argue that your own actions partly caused the injury. If a court agrees, your damages may be reduced.
Compliance with Industry Standards
Manufacturers sometimes argue they met industry standards or government regulations, though this doesn’t always absolve liability.
How Our Attorneys Can Help
At The Oakes Firm, we understand how life can feel turned upside down after a defective product injury. We work with clients to build strong cases and hold negligent companies accountable.
Conducting Thorough Product Investigations
Our team gathers all available evidence, examines the defective product, and consults with specialists when needed.
Securing Expert Witnesses
We work with qualified professionals who can explain technical details in plain terms for judges and juries.
Preserving Critical Evidence
We act quickly to preserve defective products, maintenance records, and other evidence before they’re lost.
Negotiating with Insurance Companies
We handle communications with insurers and fight back when they attempt to undervalue or deny claims.
Litigating Your Case in Pennsylvania Courts
When necessary, we take cases to court to pursue fair outcomes on behalf of our clients.
Frequently Asked Questions About Product Liability Claims
Can I file a product liability claim if I wasn't the one who purchased the product?
Yes, Pennsylvania law allows claims even if you didn’t buy the product yourself. Injuries caused by defective products can create liability regardless of ownership.
What if the product was a gift or I bought it secondhand?
You may still file a claim as long as the product was defective and the defect caused your injury. Ownership history doesn’t always remove liability from the manufacturer or seller.
How long do I have to keep the defective product?
Keep it as long as possible. Courts and juries often need to see the product, and having it preserved helps strengthen your claim.
Can I still recover compensation if I was partially at fault for my injury?
Yes, Pennsylvania follows comparative negligence rules. If you’re partly at fault, your recovery may be reduced, but you can still seek damages if your share of fault is less than 51 percent.
What if the manufacturer is located outside of Pennsylvania?
You can still bring a claim if the product was sold or caused harm in Pennsylvania. State courts often have authority over out-of-state companies.
Contact Our Defective Product Attorneys in Philadelphia Now
Pennsylvania law sets strict deadlines for filing product liability claims, and waiting too long can weaken your case. Acting quickly ensures important evidence is preserved and your rights are protected.
The Oakes Firm has the resources and dedication to pursue claims against large manufacturers, distributors, and retailers. We treat each case with care, providing personalized attention and aggressive advocacy. Contact our team today for a free, no-obligation case evaluation and learn how we can help you move forward.