Product Liability in Pennsylvania
When a product fails and someone gets hurt, Pennsylvania law can hold makers and sellers responsible without proof they were careless.
What you should know
Pennsylvania recognizes strict product liability for defective products under Section 402A, as refined by the Pennsylvania Supreme Court in Tincher v. Omega Flex. Claims may involve design defects, manufacturing defects, or failure to warn, and can target manufacturers, distributors, and retailers.
What typically causes them
- Defectively designed products
- Manufacturing flaws
- Inadequate warnings or instructions
- Defective auto parts
- Dangerous medical devices
- Recalled consumer goods
Injuries we see
- Burns
- Lacerations and amputations
- Toxic exposure injuries
- Fractures
- Organ damage
- Fatal injuries
Steps to take after a product liability
- 1
Get medical care
- 2
Preserve the product and packaging
- 3
Keep receipts and manuals
- 4
Photograph the product and injuries
- 5
Do not alter or repair the product
- 6
Consult an attorney promptly
Under Tincher, plaintiffs may proceed on a consumer-expectations or risk-utility theory. Comparative negligence principles may apply differently in strict-liability cases.
Recovery may include medical costs, lost income, future care, and pain and suffering.
In Pennsylvania, you generally have two years from the date of injury to file a personal injury lawsuit (42 Pa.C.S. § 5524). Missing this deadline usually bars your claim entirely, so it is critical to act well before it runs.
Keep reading before you talk to an adjuster
Don't let a Pennsylvania product liability ruin your future.
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