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3 Types of Product Liability in Pennsylvania

We expect the products we purchase to be safe to use. Unfortunately, not everything on the market today meets this reasonable standard. As a result, people of all ages get hurt. If you’ve suffered a severe injury because of a defective product in the Keystone State, you may have a product liability case that our personal injury lawyers in PA can help you fight for. 

What is General Product Liability Law in Pennsylvania?

Pennsylvania recognizes three categories in which product liability may occur:

  1. Manufacturing defect — when a product does not adhere to its specifications due to errors that occurred in the manufacturing process.
  2. Design defect — a product’s inherent design is flawed, meaning it is unreasonably dangerous, even though it is properly manufactured.
  3. Failure to warn — a product has a danger that is not readily apparent or otherwise obvious that could have been avoided through adequate usage warnings.

Manufacturing Defect Claims

In this case, there was nothing dangerous or faulty about the inherent design. The product was not manufactured according to its own specifications.

For example — Brakes on a car that were installed incorrectly at the factory.

Defective Design Cases

To be successful, one must prove that the design is “unreasonably dangerous.” This requires you to prove the item failed to perform safely as a typical consumer would expect it to when used as intended or a reasonably foreseeable manner.

For example — A wheelbarrow that is intended to haul heavy materials but collapses while moving dirt at a construction site.

Failure to Warn

Under the umbrella of “marketing defects,” a lack of sufficient warnings and dangers associated with the intended use can render products defective in the eyes of the law.

For example — A medication bottle that has no label warning the patient about potentially harmful side effects of the medication.

It’s crucial to note that there exists a statute of limitations of two years from the date of injury for the user to file for personal injury, wrongful death, or property damage unless there is “fraudulent concealment” that kept the defect from being discovered in the event of the injury. If you’ve suffered from a defective product in any of these forms, you need an injury attorney in PA in your corner. Contact Kozloff Stoudt today!

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