Product cases run on a different engine than negligence: Pennsylvania’s strict liability tradition asks whether the product was defective — not whether anyone meant harm. A lawnmower without a guard, a car seat that fails, a medication with buried risks: the defect is the case.
The Three Defect Theories
- Manufacturing defects — the unit that left the line wrong; yours differs from the one beside it on the shelf.
- Design defects — the whole line is dangerous as conceived; safer feasible alternatives anchor the proof.
- Warning failures — risks known to the maker and hidden from the user; our defective airbag post and defective tire truck-crash post show the pattern in vehicles.
What These Cases Demand
- Preserve the product. The single most important act: keep the item, packaging, and receipts untouched — the defect analysis needs the physical thing. Don’t return it, don’t let the insurer ‘inspect and dispose.’
- Recall awareness. The CPSC and NHTSA recall databases contextualize defects — though an un-recalled product can still be defective, and a recall doesn’t automatically win the case.
- Chain of commerce defendants. Manufacturer, distributor, and seller can all bear responsibility — critical when makers are foreign or dissolved. Workplace equipment defects pair with the comp dual track.
Frequently Asked Questions
I threw away the product after it hurt me. Is the case gone?
Harder, not necessarily gone — the model, medical records, photos, and other units of the same product can carry a claim. But if you still have it: preserve it now, exactly as is.
I wasn’t using it exactly per the manual. Does that end it?
Not if your use was foreseeable — products must be safe for how people predictably use them, not just how manuals imagine. Misuse arguments are defenses to answer, not verdicts.
The product was recalled after my injury. Slam dunk?
Strong evidence, not a verdict — causation and damages still get built, and manufacturers defend recalled-product cases hard precisely because the stakes are systemic. It does mean: call promptly; you’re likely not the only case.
How long do I have to file?
Generally two years under Pennsylvania law — with a six-month written-notice requirement for claims against government entities and special rules for minors and late-discovered injuries.
What does hiring you cost?
No attorney’s fee unless we recover for you; the contingency percentage and case-cost handling are in the written fee agreement you review before signing. Consultations are free.
Ready to talk about your case? Call (215) 464-4600 or contact us online for a free, confidential consultation — contingency fee, no attorney’s fee unless we recover, costs explained in the written fee agreement.