When a product fails and causes injury, it’s not just frustrating—it can change a person’s life. Imagine purchasing a space heater to stay warm during a Pennsylvania winter, only for it to catch fire and cause serious burns. These incidents are more common than most realize, and they raise an important question: Can you hold the company responsible for a defective product in Pennsylvania? The short answer is yes—but understanding how product liability law works in the state can make the difference between a successful claim and a denied one.
Understanding Product Liability in Pennsylvania
Product liability refers to the legal responsibility manufacturers, distributors, or sellers have when a defective product injures a consumer. In Pennsylvania, these cases are guided primarily by strict liability principles, meaning you don’t need to prove that the company was negligent—only that the product was defective and caused your injury.
Pennsylvania follows Section 402A of the Restatement (Second) of Torts, which holds sellers liable if they place a defective product on the market that is unreasonably dangerous to consumers. This law covers all entities in the product’s distribution chain, including manufacturers, wholesalers, and retailers.
In practice, this means that if a defective toaster explodes, the injured consumer can sue any party involved in getting that toaster from the factory to the store shelf, without having to prove who exactly caused the defect.
Types of Product Defects Recognized in Pennsylvania
To pursue a product liability lawsuit in Pennsylvania, you must first identify the type of defect. There are three primary categories recognized under Pennsylvania law:
- Design Defects: The product’s design itself is unsafe. Even if it’s properly manufactured, it poses a danger because of how it was conceived (for example, a ladder that’s too narrow to safely support an average adult).
- Manufacturing Defects: The product was designed safely but made incorrectly—such as a cracked bike helmet or a batch of contaminated medication.
- Marketing Defects (Failure to Warn): The company failed to provide adequate instructions or warnings about potential risks associated with normal use of the product.
A product liability attorney in Pennsylvania will typically consult engineers, safety experts, or product designers to pinpoint which type of defect applies and how it led to the injury.
Who Can Be Held Liable in a Pennsylvania Defective Product Lawsuit?
Pennsylvania law allows injured consumers to hold several entities accountable. Depending on the circumstances, one or more of the following parties may be named in a lawsuit:
- The manufacturer, whether domestic or foreign
- The distributor or wholesaler
- The retailer or seller who sold the defective product
- In some cases, contractors or component manufacturers who supplied faulty parts
Unlike negligence claims, where the burden is on the plaintiff to prove fault, Pennsylvania’s strict liability framework focuses on the condition of the product itself.
Legal Theories Used in Pennsylvania Product Liability Cases
Product liability claims can be based on several legal theories, depending on the circumstances of the defect and resulting injury. Common causes of action include:
- Strict Liability: You must show that the product was defective when it left the seller’s control and that the defect caused the injury.
- Negligence: You allege that the manufacturer or seller failed to act with reasonable care in the design, production, or labeling of the product.
- Breach of Warranty: You claim that the product failed to meet express or implied promises about its safety or performance.
Pennsylvania recognizes both express warranties (statements made directly by the manufacturer or seller) and implied warranties (automatic assurances that a product is safe for its intended use).
Statute of Limitations for Product Liability in Pennsylvania
Time limits are critical in any legal claim. Under 42 Pa. Cons. Stat. §5524(2), injured consumers generally have two years from the date of injury to file a product liability lawsuit in Pennsylvania. However, under the discovery rule, this period may begin later if the injury wasn’t immediately apparent—for instance, if a medical device defect isn’t discovered until years after implantation.
If a defective product results in death, the victim’s family may file a wrongful death claim under 42 Pa. Cons. Stat. §8301, also subject to a two-year limitation.
What You Must Prove in a Pennsylvania Defective Product Lawsuit
Although Pennsylvania follows strict liability, plaintiffs must still establish specific elements to win their case. The following four elements are typically required:
- The product was defective.
- The defect existed when the product left the defendant’s control.
- The product was used as intended (or in a foreseeable way).
- The defect directly caused the injury or property damage.
In practice, this often requires expert testimony to explain how the defect occurred and why it was dangerous.
Examples of Defective Product Lawsuits in Pennsylvania
Consider a few real-world scenarios that illustrate how Pennsylvania’s product liability laws apply:
- A Philadelphia family sued a major appliance company after a washing machine exploded, causing property damage and burns. The court found that the product had a manufacturing defect due to improper assembly.
- A medical device recall case in Pittsburgh involved defective hip implants that caused chronic pain and mobility issues. Plaintiffs successfully argued that the design was inherently unsafe.
- A Harrisburg resident filed a claim against a car manufacturer when the airbag failed to deploy during a crash. Expert evidence showed a defective sensor—a classic manufacturing defect.
These cases underscore how product defects can appear across a wide range of industries, from consumer electronics to pharmaceuticals.
Compensation Available in a Pennsylvania Product Liability Claim
Victims of defective products can pursue both economic and non-economic damages, including:
- Medical expenses and rehabilitation costs
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In rare cases, punitive damages may be awarded if the company’s conduct was especially reckless—for example, knowingly selling a dangerous product after discovering the defect.
Key Pennsylvania Statistics on Product-Related Injuries
According to the U.S. Consumer Product Safety Commission (CPSC), more than 29 million injuries and over 21,000 deaths occur annually in the United States due to defective or hazardous products. Pennsylvania consistently ranks among the top ten states for product-related emergency room visits.
A recent study from the National Safety Council found that defective household goods and appliances account for nearly 44% of consumer injuries, underscoring how everyday products can cause significant harm if improperly designed or manufactured.
Steps to Take After a Defective Product Injury in Pennsylvania
If you or a loved one has been injured by a defective product, taking the right steps immediately can strengthen your potential claim:
- Seek medical attention right away and document all injuries.
- Preserve the defective product and packaging, including receipts.
- Take photos of the product, injury, and surrounding scene.
- Avoid contacting the manufacturer before speaking with an attorney.
- Consult a product liability lawyer experienced in Pennsylvania cases.
These actions help ensure that critical evidence is preserved for expert review and litigation.
Why You Need a Pennsylvania Product Liability Attorney
Product liability cases are often complex, involving technical evidence, expert testimony, and corporate defense teams. An experienced Pennsylvania product liability attorney can:
- Investigate the defect and determine who is responsible.
- Work with engineers, safety experts, and medical professionals.
- Negotiate with insurance companies on your behalf.
- File and litigate your case if settlement negotiations fail.
In many cases, injured consumers face corporations with vast legal resources. Having a dedicated attorney helps level the playing field and ensures that your rights are protected throughout the process.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Defective products can cause devastating injuries, property damage, and emotional distress. If you or someone you love has been harmed by a defective product in Pennsylvania, you may have the right to pursue compensation through a product liability lawsuit. At Brandon J. Broderick, Attorney at Law, our team helps clients hold negligent manufacturers and sellers accountable. We handle all types of defective product cases—from faulty appliances and unsafe vehicles to defective medical devices—and we fight to recover the maximum compensation possible. Don’t let a company’s negligence go unanswered. Our Pennsylvania product liability attorneys are ready to review your case and guide you through every step of the legal process.