Product liability laws are designed to ensure that consumers are protected from dangerous or defective products. In Pennsylvania, these laws hold manufacturers, distributors, and retailers accountable for injuries caused by products that do not meet safety standards. Understanding how product liability laws work can help consumers protect their rights and seek compensation when they are harmed by defective products.

What Is Product Liability?

Product liability refers to the legal responsibility that manufacturers, wholesalers, and retailers have for putting a defective product into the hands of consumers. These laws exist to ensure that products sold in the market are safe for use. If a product is found to be defective and causes harm to someone, the responsible parties can be held legally liable for the injuries, damages, or losses that result from the defect.

Product liability can apply to various types of products, including vehicles, food, medical devices, household items, and pharmaceuticals. Whether a product causes physical injury, property damage, or emotional distress, product liability laws help consumers recover compensation for their suffering.

In Pennsylvania, product liability laws are governed by both state and federal regulations. There are three primary ways in which a product can be found defective:

1. Design Defects: This occurs when the design of a product is inherently unsafe. Even if the product is manufactured correctly, a design flaw can cause harm. For example, a car with a faulty braking system or a toy with small parts that pose a choking hazard would be considered to have design defects.
2. Manufacturing Defects: Manufacturing defects happen during the production process. These defects are not part of the product’s design but occur because of an error or failure in the manufacturing process. For instance, a bottle of medication that is mislabeled or a food item contaminated with bacteria could fall under this category.
3. Marketing Defects: Also known as failure-to-warn defects, marketing defects arise when a product does not come with sufficient instructions or safety warnings. This can include items that do not provide adequate instructions for use, or products that fail to warn consumers about potential risks. A common example is a cleaning product that doesn’t warn about harmful chemical exposure.

How Pennsylvania’s Product Liability Laws Work

Pennsylvania follows a modified comparative negligence rule when it comes to product liability claims. This means that if the consumer is partially responsible for the injury caused by the defective product, their compensation will be reduced by the percentage of fault attributed to them. However, if the consumer is found to be more than 50% responsible for their injuries, they are not eligible for compensation.

The state operates under strict liability for certain types of product defects. This means that manufacturers and other parties can be held liable for injuries caused by their defective products even if they were not negligent. The injured party does not have to prove that the manufacturer was at fault, only that the product was defective and caused harm.

Additionally, Pennsylvania’s laws allow consumers to pursue claims against multiple parties in the supply chain, including:

• Manufacturers: These are the companies that design, produce, or assemble the product.
• Distributors: These are the companies that transport or sell the product.
• Retailers: These are the businesses that sell the product directly to consumers.

Consumers in Pennsylvania have the right to pursue legal action against any or all of these parties when a defective product causes harm.

The Role of Evidence in Product Liability Cases

When pursuing a product liability claim, one of the most important factors is the evidence. To prove that a product was defective and caused harm, it is critical to gather as much information as possible. This can include:

• Product testing and inspection: Evidence showing that the product was defective at the time it was manufactured or sold.
• Expert testimony: Expert witnesses, such as engineers or safety experts, can help establish that the product was unreasonably dangerous and that it did not meet industry safety standards.
• Medical records: If an injury occurred as a result of the defect, medical records can provide documentation of the harm caused by the product.
• Witness statements: Testimonies from people who observed the incident or have relevant information about the product’s defect.

An experienced attorney can help secure and present this evidence to support your claim.

What Damages Can Consumers Recover in Product Liability Cases?

If you are injured by a defective product, you may be entitled to compensation for a variety of damages. These damages can help cover the costs associated with the injury, as well as provide compensation for the emotional distress caused by the incident. Some of the most common types of damages in product liability claims include:

• Medical expenses: Compensation for the cost of treatment, hospitalization, surgery, and future medical care.
• Lost wages: If the injury prevents you from working, you may be able to recover lost income and compensation for future lost wages.
• Pain and suffering: If you experience physical pain, emotional distress, or a reduced quality of life, you may be entitled to compensation for the suffering caused by the injury.
• Punitive damages: In cases where the defendant’s actions were particularly egregious or malicious, punitive damages may be awarded in addition to other forms of compensation. These damages are meant to punish the wrongdoer and deter others from similar conduct.

Why You Need an Experienced Attorney

Navigating a product liability case can be complicated. Laws governing product liability are complex, and pursuing a claim requires a detailed understanding of both legal principles and technical aspects related to the product itself. Working with an experienced personal injury lawyer ensures that your case is handled correctly and that you have the best chance of receiving fair compensation for your injuries.

A skilled attorney will:

• Investigate the defect and the circumstances surrounding the incident
• Work with experts to establish the defect and how it caused your injury
• Help you collect and preserve evidence
• Handle negotiations with insurance companies
• Represent you in court if needed

Conclusion

Pennsylvania’s product liability laws are in place to protect consumers from harm caused by defective products. These laws hold manufacturers, retailers, and distributors accountable when they place unsafe products into the hands of consumers. If you’ve been injured by a defective product, it is important to seek legal help as soon as possible. At Kingbird Legal, we have extensive experience helping Pennsylvania residents seek justice for their injuries. Contact us today for a free consultation, and let us help you get the compensation you deserve.