The manner in which Pennsylvania residents go shopping have changed dramatically in recent years, switching from primarily in-person purchases at brick-and-mortar stores to online shopping through retailers like Amazon. No matter where you buy a product, you have a right to expect that product to function safely and as advertised. If a product malfunction causes you to get hurt, you could have grounds for civil litigation.
Civil claims filed under PA product liability law differ substantially from other types of personal injury litigation, so it helps to have representation from a seasoned personal injury attorney like Founding Partner Jon Ostroff. Once retained, our Pennsylvania product liability lawyers at Ostroff Godshall Injury and Accident Lawyers will exhaust every option you have for financial recovery to get you the compensation you need.
- Jon has handled cases leading to millions of dollars of recovery for the families of individuals who were killed or severely injured due to a design defect in certain forklifts.
- Jon has recovered millions of dollars for clients in “misleading marketing” cases involving a pharmaceutical manufacturer who failed to disclose risks they were aware of in their medications.
- Jon recovered $600,000 for a client who had to undergo a second hip surgery to remove and replace a defective hip implant
To learn more about the potential compensation available in your case, talk to a legal professional at Ostroff Godshall Injury and Accident Lawyers right away.
Strict Liability for Injuries from Defective Products
Under Pennsylvania law, manufacturers and retail sellers bear “strict liability” for injuries sustained by a customer that are caused by a defective product. This strict liability applies if the product in question was flawed in its design, manufacturing, or marketing. Additionally, the defect must have been present when it left the seller’s control and must be the direct and primary cause of your injury.
A seller may be strictly liable for harm caused by a design defect, which is an issue that stems from a fundamental flaw in the way the product was conceived. When pursuing a design defect claim, you and your attorney must prove the issue could have been resolved with a reasonable alternative design.
A manufacturing defect is a problem that occurs during the manufacture and/or assembly of a product. This type of defect may make a particular incarnation of that product unsafe.
Manufacturers and sellers may be liable for injuries resulting from a marketing defect, which is a seller’s failure to include appropriate warnings and/or instructions for safe use within their product’s packaging. A marketing defect may also arise if a manufacturer has misleading marketing materials. A Pennsylvania attorney at Ostroff Godshall Injury and Accident Lawyers will help you understand which type of defect was present in the product you used.
Filing Deadlines for Product Liability Claims in Pennsylvania
There are two filing deadlines that you should be aware of when attempting to file a lawsuit. The first is set by the statute of limitations, and the other is set by the statute of repose. First, 42 Pennsylvania Consolidated Statutes §5524 establishes a filing period of two years for all personal injury claims. This time begins on the day you sustained the injury or the day you first discovered or reasonably should have discovered that you suffered the injury due to dangerous product.
Second, 42 PA Con. Stat. §5536, referred to as the “statute of repose,” prohibits an injured person from filing a product liability claim more than 12 years after they originally purchased the product in question. However, an extension of up to two additional years may be possible if your injury occurred between 10 and 12 years after the original purchase date. A lawyer familiar with cases involving defective products will keep track of these important deadlines.
Contact a Pennsylvania Product Liability Attorney Today
Civil claims over injuries caused by consumer products tend to be complex. The companies that manufacture and sell consumer products often have significant resources. They fight back hard in personal injury cases involving dangerous products.
Our Pennsylvania product liability lawyers are not afraid to take on and pummel large corporations. Call us today to schedule a free consultation.