Introduction - What is Product Liability?
Product liability law protects consumers from defective products that cause injuries. In Pennsylvania, liability covers defects in design, manufacturing, and marketing. Key concepts include strict liability, statutes of limitation, and comparative fault.
This article from Lancaster Personal Injury Lawyer, RG Injury Law, highlights the important things to know regarding product liability and personal injury.
Key Takeaways
- Statutes of Limitation: 2 years for personal injury, 12 years for real estate defects.
- Strict Liability: This applies to all manufacturers, regardless of the care taken.
- Defects Covered: Design, manufacturing, and inadequate warnings.
- Comparative Fault: Modified comparative fault standard is applied.
- Seek Legal Help: Legal assistance is crucial due to the complexity of claims.
Understanding Product Liability Basics
Strict Liability
Strict liability means manufacturers, distributors, and sellers are responsible if products are defective when leaving their control. Potential defendants include companies involved in manufacturing, distributing, and selling defective products.
Types of Defects
- Design Defects: Flaws in the product's original design.
- Manufacturing Defects: Errors occurring during the manufacturing process.
- Marketing Defects: Inadequate warnings or instructions provided for the product.
Types of Defects and Legal Tests in Pennsylvania
Design Defects
Evaluated using two tests:
- Consumer Expectation Test: Is the product more dangerous than an ordinary consumer would expect?
- Risk-Utility Test: Does the burden of precaution outweigh the product’s benefits?
Manufacturing Defects
Manufacturing defects occur when products deviate from design specifications. Strict liability applies if the defect was present when leaving the manufacturer.
Marketing Defects
Marketing defects relate to inadequate warnings or instructions.
The focus is on the insufficiency of warnings or instructions provided.
This business must take a careful approach when making products.
Some methods for providing the required information are clear and prominent warnings, language that suits various user segments, highlighting inherent risks and steering clear of excessive warnings that could dilute their impact.
(Lancaster, PA - RG Injury Law Personal Injury Client Testimonial)
Legal Concepts in Product Liability Claims
When someone is considering filing a personal injury claim due to product liability issues, they must act within the legal process's guidelines.
- Statutes of Limitation: 2-year deadline for personal injury and property damage claims.
- Discovery Rule: Exception if the defect was fraudulently concealed (Jaime Jackson Law).
- Comparative Fault: Modified comparative fault standard (FindLaw).
- Strict Liability: Liability regardless of fault.
- Negligence: Failure to act with reasonable care.
- Breach of Warranty: Violation of express or implied warranties.
- Misrepresentation: False claims about the product.
Statistics: Product Liability Claims in the US
Number of Claims:
- In 2018, 43,567 product liability claims were filed.
- This number rose to 56,041 in 2019, marking a 28.63% year-over-year increase.
- Over the last two years, claims have been a minimum 20% increase.
- On average, Insurance Canopy receives 9.6 claims annually, resulting in an estimated $228,022 in damages.
Product Liability Case Filings (Non Multidistrict Litigation):
- Non-Midistrict Litigations refer to lawsuits that are not classified as class action lawsuits.
- Examples include lawsuits against large pharmacy companies or multi-billion dollar manufacturers.
- These lawsuits typically award hundreds of millions of dollars to thousands of recipients across different districts.
- The study excludes such cases to focus on data relevant to the businesses served by Insurance Canopy.
Statistics from insurancecanopy (1)
Filing a Product Liability Claim in Pennsylvania
Filing a product liability claim requires thorough preparation and knowledge of the legal process.
Steps to file a product liability claim:
- Document Evidence: Gather medical records, receipts, and the defective product.
- Identify Defendants: Manufacturers, distributors, and sellers.
- Consult an Attorney: Seek legal advice to assess the case.
- File Within Time Limits: Adhere to the statutes of limitation.
Why Seek Legal Help from RG Injury Law
RG Injury Law offers expert legal guidance through strict liability principles and comprehensive representation in all types of product liability cases.
With countless successful personal injury cases under their belt, you can feel better knowing you have given yourself the best chance at receiving the benefits you are entitled to.
Wrapping Up - Personal Injury and Product Liability
Product liability law involves strict liability, various defect types, and essential legal concepts. The information outlined in this article should provide some clarity for those dealing with an injury from a defective product. Filing a claim requires documentation, identifying defendants, and adhering to time limits. Remember to stick to these requirements to guarantee you receive your compensation.
RG Injury Law is a trusted resource for product liability claims in Pennsylvania. Our clients are our neighbors, and providing expert legal assistance to help them receive fair compensation means helping members of our communities.
You will notice the attention you receive from our committed attorneys.
Reference:
- Insurance Canopy, The State of Product Liability Insurance, https://www.insurancecanopy.com/product-liability-insurance/state-of-product-liability-insurance
