Here’s what to do and how to handle a defective product claim under Pennsylvania law
Even the most seemingly harmless product can injure someone if its design or manufacturing is defective, or if it doesn’t have adequate instructions for use. Here’s what you should know if you’re injured as a result.
We buy or use consumer products every day. Even the most minimalist among us—and those who believe in living sustainably—need some consumer goods. While there might be a single soul here or there who can live off the land and produce every item they need to survive… if you’re reading this, you’re not that person because you’re in front of a computer or holding a phone in your hand.
And that means that you, and everyone else, are at risk for personal injuries from defective products. The National Safety Council reports that 12.7 million people were treated in emergency departments in 2023 because of injuries resulting from consumer products. Many of the injuries happen to older adults and young children, but anyone could be affected by a defect in an everyday product.
Broadly speaking, Pennsylvania consumer product injuries could include anything from a defective part in a car or truck, to a small appliance like a hair dryer, to baby products like cribs or swings, to lawnmowers or snowblowers, or anything in between.
Essentially, Pennsylvania product liability law holds manufacturers, distributors, and retailers responsible for an injury or damage caused by their products. In other words, the manufacturer or seller of goods is responsible for compensating the buyer, user, or a bystander for any damages or injuries they suffered because of defects in the product.
The consumer is entitled to expect that a product is safe when used as intended.
The purpose of personal injury law is to make the plaintiff (injured person) whole, or to restore them to the financial condition they would be in if the accident had never happened.
Legal concepts in Pennsylvania product liability law
Pennsylvania strict liability
Normally, a plaintiff must prove that a defendant was negligent to have a successful claim for damages in a personal injury claim. Negligence is when the defendant failed to use reasonable care to avoid harm to the plaintiff.
There are three exceptions to this rule in Pennsylvania:
- Product liability
- Dog bite claims
- Abnormally dangerous activities
In these instances, the plaintiff does not need to prove that the defendant was negligent. Rather, this legal principle holds that the defendant is liable for the accident simply because it happened.
Strict liability for defective products in Pennsylvania means that if the product is found to be inherently dangerous or defective and causes injury, the consumer can hold the manufacturer or seller liable without proving negligence. They must only prove that (1) the product was defective, and (2) the defect caused their injury.
Pennsylvania consumer expectation test
If the product is commonly used by consumers, the court might apply the consumer expectation test. This applies if the court determines that the claim involves a product or one of its features that an ordinary consumer might use based on their everyday experiences.
The question is whether the danger is unknowable and unacceptable to the ordinary consumer (i.e. average person).
Although there’s not a clear formula set forth for the consumer expectation test, there are three general factors that would be considered:
- The plaintiff provides evidence that they used the product in a reasonable and expected manner;
- The circumstances of the injury suggest that it was caused by this product, even when used in a reasonable way; and
- The objective features of the product are relevant to its safety.
In other words, the consumer expectation test relies on:
the nature of the product → the identity of the user → the intended use and user of the product
The basis for the test is that a consumer can have a reasonable expectation for how a certain product can perform. The individual’s everyday experience as a consumer would give them capability to have minimum safety expectations in a foreseeable situation. In other words, the consumer can expect the product to behave as it’s designed to and not cause injury.
If the plaintiff can prove that the product was dangerous beyond what they would reasonably expect, the manufacturer or seller may be held liable for resulting injuries.
Pennsylvania risk-utility standard
This will question whether the severity of the injury outweighed the burden of taking precautions against the injury happening in the first place. For instance, a car manufacturer can be held liable for a faulty brake system if there was a safer alternative design that wasn’t used.
Pennsylvania modified comparative negligence law for product liability lawsuits
Pennsylvania follows a modified comparative fault standard for personal injury law, which includes product liability.
If the injured person is more than 50% responsible for their own injury, they cannot recover any damages. If they are 50% responsible or less, they can recover damages reduced by their percentage of liability.
Basis for liability in a Pennsylvania product liability claim
There are three ways a defendant could be found liable for a defective product in Pennsylvania:
- Design defect. This means a defect in the design of the product—before it was ever manufactured or brought to market—made it inherently unsafe for consumer use.
- Manufacturing defect. In this situation, the product’s design was safe. However, something went awry in the manufacturing process, causing the item to be broken or unsafe. This could be a loose screw, inadequate soldering, incorrect chemical composition, or any other issue in the process of manufacturing.
- Failure to warn. Some products can be risky, even when perfectly designed and manufactured. You’ve probably seen warning labels on these products, even when the danger might seem obvious. For instance, a hair dryer with a tag that indicates not to use it in the bathtub or drop in the sink… you might think this goes without saying, but the manufacturer is required to add these warnings, just in case the consumer doesn’t know better. This includes not only safety for electrical appliances, but warning about toxic components or ingredients, choking hazards, heating elements and other risks.
Steps to take before filing a Pennsylvania product liability claim
- Seek medical attention immediately. If you’ve been injured by a defective product, the first step is to seek medical care. Your health is the top priority, and medical records will serve as key evidence in your case. It’s important to tell your provider how the injury happened, because this can become part of your medical chart as evidence. If you wait to seek a medical exam, it will be harder to prove that the injuries were caused by the defective product.
- Preserve the product and evidence. Preserve the product in its current condition. Do not attempt to repair or alter it in any way, as it is critical evidence in your lawsuit. Take photos of the item and the injury. Include any relevant background circumstances.
- Gather documents. Collect all documents related to the product, including the purchase receipt, warranty, user manual, packaging, and any communications with the manufacturer or seller.
- Identify the defect. Be prepared to identify whether the injury happened because of a design defect, manufacturing defect or failure to warn.
- Consult a Pennsylvania personal injury attorney. Your lawyer will help you assess the strength of your case; advise on whether there are any current class action, multi-district litigation or other mass tort lawsuits pending; gather evidence; and navigate the court system, including working toward a fair damage award settlement or verdict.
Did you know that product liability law varies by state?
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more