How Can You Prove Product Liability in Dangerous & Defective Product Cases
When a product causes harm due to a defect or danger that should have been prevented, the law provides a way for victims to seek justice. In Pennsylvania, proving product liability in cases involving dangerous and defective products requires a clear understanding of legal standards and evidence.
Whether you're dealing with a faulty appliance, unsafe medication, or defective vehicle parts, knowing how to build a strong case is essential. Our attorneys at Goldberg and Maloney Attorneys at Law in West Chester, Pennsylvania, will break down what you need to know about product liability laws in Pennsylvania and how you can prove your claim effectively.
Acknowledge the Types of Product Defects
To prove product liability, it’s essential to identify what made the product dangerous or defective. Pennsylvania law recognizes three types of product defects:
Design defects: An entire product line is dangerous due to flawed design.
Manufacturing defects: The product became harmful because of an error during production or assembly.
Marketing defects (failure to warn): The product lacked necessary instructions or safety warnings.
Each type of defect has its legal implications. A design defect points to a systemic problem, while a manufacturing defect typically involves a smaller batch of faulty items. Marketing defects usually stem from inadequate labeling or omitted warnings.
Understanding the type of defect can help determine who’s liable—whether it's the designer, manufacturer, distributor, or retailer. Dangerous and defective products can result from one or more of these failure points. Pennsylvania law may hold each link in the product’s supply chain responsible, depending on the facts of the case.
This classification also influences the legal strategy and professional testimony needed. For example, engineers may be brought in to testify about design flaws, while safety consultants might evaluate the adequacy of product warnings. Correctly identifying the type of defect is the first critical step in establishing fault.
Gather Evidence That Proves Fault
Under Pennsylvania’s strict liability rules, proving negligence isn’t required. Instead, plaintiffs must show that the product was defective, it was used as intended or in a foreseeable way, and the defect directly caused injury.
Key types of evidence include:
The product or its remains: Preserve it if possible for physical examination.
Medical records: Document injuries and link them to the product.
Photos and videos: Visual proof of the scene, injuries, and product condition.
Witness statements: Testimony from bystanders can support the timeline or nature of the accident.
Professional opinions: Professionals can clarify how the product was defective.
Receipts, manuals, or packaging: These items show ownership, purchase date, and intended usage.
In dangerous and defective products claims, preserving the product in its post-incident state is vital. Altering or discarding it can damage a case. Courts also evaluate whether the consumer altered the product or ignored instructions, which can affect compensation.
The burden is on the injured party to show the product failed during proper use. For this reason, attorneys often coordinate with accident reconstructionists, product engineers, or toxicologists to build a clear narrative that ties the defect to the injury.
Strong evidence often discourages defendants from pushing a case to trial and can lead to faster, more favorable settlements. The more complete the documentation, the easier it’s to prove liability under strict product liability law.
Know the Legal Standards and Filing Deadlines
Pennsylvania applies the Restatement (Second) of Torts § 402A, which governs strict product liability. To succeed, plaintiffs must prove:
The product was defective and unreasonably dangerous.
It reached the user without substantial changes.
The defect caused injury during foreseeable use.
Because dangerous and defective products cases don't require proof of negligence, the focus shifts to whether the product posed an unreasonable danger to consumers. The “consumer expectations test” is used to determine if a product’s performance matches what an ordinary consumer would reasonably expect.
For example, if a space heater causes a fire while being used properly and according to instructions, it may fail the test, even if it came with basic warnings.
The statute of limitations in Pennsylvania for product liability cases is two years from the date of injury. Missing this window can prevent you from pursuing legal action entirely. It’s crucial to act quickly, especially since evidence collection and professional evaluations can take time.
Pennsylvania also follows a comparative negligence rule. If the injured party is found partially at fault, damages may be reduced by their percentage of fault. For instance, if a user ignored a clear warning on a product and was deemed 20% responsible, they could still recover 80% of their damages.
These standards underscore the importance of consulting an attorney early. An experienced legal firm will make sure deadlines are met, evidence is secured, and the case is presented under the most favorable legal structure.
Comprehend Who Can Be Held Liable
Product liability cases differ from other personal injury claims because multiple entities may be responsible. In Pennsylvania, plaintiffs can pursue compensation from any party in the supply chain:
Manufacturers: Often the primary target, especially for design or manufacturing defects.
Component makers: If a defective part (e.g., a battery) contributed to the product’s failure.
Distributors and wholesalers: Those responsible for safely handling and transporting the product.
Retailers: Stores that sold the product may be liable in marketing defect cases or if they failed to remove recalled items from shelves.
One of the challenges in dangerous and defective products cases is determining who knew—or should have known—about the product’s danger. Product recalls, internal memos, or regulatory violations can serve as evidence of prior knowledge or systemic issues.
Pennsylvania law doesn’t require the injured party to prove which party was directly responsible. Instead, any party in the chain may be held liable, and it’s up to those parties to sort out financial responsibility among themselves.
Working with a lawyer helps make sure that all potential defendants are identified early. This is especially important if one party is uninsured, bankrupt, or difficult to locate. Suing multiple parties can increase the chances of full compensation and place pressure on manufacturers and sellers to settle rather than go to court.
What Damages Can Be Recovered?
Those injured by dangerous and defective products in Pennsylvania may be eligible for several types of compensation. These include:
Medical expenses: Covers ER visits, surgery, rehabilitation, prescriptions, and long-term care.
Lost income: Compensates for missed work or reduced ability to earn a living.
Pain and suffering: Reflects the emotional and physical toll of the injury.
Permanent disability or disfigurement: For life-altering injuries affecting appearance or function.
Punitive damages: Awarded when the defendant’s actions were grossly negligent or willfully dangerous.
The amount of compensation will vary based on the severity of injuries, long-term impact, and clarity of fault. Courts may also consider whether the company ignored safety warnings or had a history of similar product failures.
Legal firms often work with financial consultants to project long-term costs, especially in cases involving permanent injuries. Future surgeries, lost retirement savings, and career changes can all be factored into damage calculations.
Whether a product is a medical device, a children’s toy, or an industrial tool, injuries from dangerous and defective products can lead to life-changing consequences. An attorney experienced in product liability law can help make sure all damages are properly documented and pursued.
Reach Out to a Personal Injury Lawyer Today
If you’ve been injured by dangerous and defective products, understanding your legal options is crucial. At Goldberg and Maloney Attorneys at Law in West Chester, Pennsylvania, we proudly serve clients throughout Pennsylvania, including Chester County, Montgomery County, Delaware County, Bucks County, and Philadelphia County.
We’re here to help you plan your product liability claim. Don’t wait to get the guidance you need. Contact us today.