Product Liability in Pennsylvania: FAQs

Munley Munley & Cartwright PC is an experienced firm of PA product liability attorneys protecting the rights of Pennsylvania consumers harmed by dangerous and defective products. The following frequently asked questions may give you some guidance on whether you have grounds to file a product liability claim. For more information, please submit your case to our Pennsylvania product liability lawyers online or call us at 1-800-318-LAW1.

1. What is product liability?

Product liability is the body of personal injury law that allows consumers harmed by dangerous or defective products to seek money damages from the manufacturers, distributors or retailers of the dangerous products.

• More information about product liability.

1. What are some examples of product-related harm?

Examples of consumer products that can cause harm to consumers, includes, but are not limited to:

• Unsafe toys
• Household products
• Tools
• Automotive products, such as tires that fail and cause accidents
• Industrial chemicals
• Medical Devices
• Prescription Drugs

1. Why should I be compensated?

Pennsylvania law requires manufacturers, distributors and retailers to sell products that are safe and reliable when used as directed. When those parties fail to do so, consumers have a right to expect compensation for any harm they may suffer.

1. What is the danger from defective products?

Most products will not harm you, and even ones that are later found to be dangerous and defective may not in fact harm you. However, according to the federal Consumer Product Safety Commission, dangerous products injured 13.2 million Americans and killed more than 5,000 in 2007, costing the United States more than $700 billion annually. The CPSC ordered recalls of 563 products involving 60.8 million units in 2008. Dangerous products are out there, and if you’re harmed by one, the law entitles you to compensation.

• More information about product liability.

1. The manufacturer said it didn’t know the product was dangerous. How can I sue?

Under the theory of strict liability, the manufacturer can still be held liable for certain damages, even if they took measures to make sure the product was safe.

1. What damages am I entitled to?

You may be entitled to economic damages, such as the cost of medical treatment, the cost of repairing your property, and income you have lost or will lose in the future. You may also be entitled to non-economic damages, such as pain, suffering, physical and emotional distress, disfigurement, or loss of enjoyment of life.

1. A loved one was killed by a dangerous or defective product. How can I sue?

In those cases, a plaintiff may file a wrongful death claim. To win a wrongful death claim, a plaintiff must show: the defendant caused the death; the defendant was negligent or strictly liable, even if there was no intention to kill the victim; and the victim had family members who suffered losses as a result of the death. Damages can include economic damages, such as loss of income, and non-economic damages, such as mental suffering and loss of companionship.

1. How long do I have to make a claim?

Pennsylvania sets a two-year deadline from the time the plaintiffs knew or should have known about their injuries to file a claim.

1. How long will it take for my Pennsylvania product liability case to be resolved?

The length of time to resolve a claim varies from case to case depending on the circumstances. Sometimes the pain, suffering and costs of dealing with a product-related injury are not immediately evident, so quick resolution of your case isn’t always the best outcome.

1. Why should I through the trouble of filing a lawsuit, gathering documents, testifying and going to court?

At Munley Munley & Cartwright, our PA injury attorneys know that people harmed by dangerous and defective products are going through a lot of personal challenges that may make a lawsuit seem like too much to bear. But these challenges are also costing you both emotionally and financially. You may be disabled for years, perhaps for the rest of your life. Your family may be forced to make personal sacrifices for your health and well-being. You may be forced to give up activities you love. And it may cost you thousands of dollars to get back on your feet. Why should you bear the burden of another’s mistake any more? Call the experienced Pennsylvania product liability attorney at Munley Munley & Cartwright, PC today. In many cases, we're able to settle your case outside of court but we prepare every case as though it is heading to trial.

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience. For a free consultation regarding your legal concerns, please submit your case online or call our PA personal injury lawyers at 1-800-318-LAW1.