If you are hurt while using a defective product, you may be entitled to compensation for your injuries. However, to recover the damages, you must file your claim within the statute of limitations period.
As far as product liability is concerned, intent does not matter. Under strict liability laws, the product manufacturer, distributor or retailer can be found liable if the defective product caused harm, regardless of the intention or any precautions taken while using the product in question.
Types of product defects
To file a successful claim, the plaintiff must prove that the product that caused their injury was defective in any of the following ways:
- Defective manufacturing: As the name suggests, this refers to a flaw during the product’s production that caused a specific rendition of the product to be faulty.
- Defective design: This refers to flaws in the design that results in an entire product line being defective.
- Defective warning: Product manufacturers have a duty to alert consumers about potential risks and dangers that may come with using their product. They also have a duty to provide sufficient instructions on how to properly use the product.
Determining liability in a product liability claim
Two key concepts are used in establishing negligence during a product liability claim: Contributory negligence and comparative negligence. Pennsylvania follows a comparative fault rule, meaning that the plaintiff must be 50 percent or less responsible for the incident that caused their injury to be eligible for compensation. The amount the plaintiff will be eligible for depends on their share of fault.
Pennsylvania statute of limitations for product liability claims
All lawsuits must be filed within the legal time frame known as the statute of limitations. In Pennsylvania, you have two years from the date of your injury to file a defective product lawsuit against the at-fault party. You risk having your claim denied if your file a lawsuit after the expiry of the statute of limitations period.
When you purchase a product, you expect it to be safe. Unfortunately, this is not always the case if you have been hurt by a defective product, you should consider filing a product liability lawsuit against the at-fault party so you can get the compensation you deserve for your injuries.