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Could You Have a Defective Product Case?

July 18, 2024

Simplify the Process

Every year, countless consumers suffer injuries due to defective products. Understanding whether you have a valid defective product case can be complex, especially with the legal nuances involved. At Newman Injury Law, we aim to simplify this process for you. Here, we will discuss the legal requirements for filing a lawsuit for a defective product in Pennsylvania, the necessary steps to take, and other relevant information. However, it’s important to remember that this is only a general guide, and you should always consult a qualified attorney for legal counsel about your specific case.

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Understanding Product Liability in Pennsylvania

Product liability law in Pennsylvania is designed to hold manufacturers, distributors, suppliers, and retailers accountable for releasing defective products into the marketplace. To establish a valid defective product claim, you must demonstrate that the product had a defect that caused your injury. Pennsylvania recognizes three primary types of product defects:


  1. Design Defects: These occur when a product is inherently unsafe due to its design, even if it is manufactured correctly. A design defect affects all products of the same type.
  2. Manufacturing Defects: These arise during the manufacturing process, resulting in a product that deviates from the intended design and is more dangerous than consumers expect.
  3. Marketing Defects: Also known as "failure to warn," these defects occur when a product lacks adequate instructions or warnings about its potential risks.
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Legal Requirements for Filing a Defective Product Lawsuit

To successfully file a defective product lawsuit in Pennsylvania, you must meet several legal requirements:


Proving a Defect

You must demonstrate that the product had a defect that made it unreasonably dangerous. This can be through expert testimony, consumer reports, or evidence of similar incidents involving the same product.


Establishing Causation

You need to show that the defect directly caused your injury. This requires a clear link between the product defect and the harm you suffered. Medical records, eyewitness accounts, and expert analysis can help establish causation.


Showing Damages

You must provide evidence of the damages you incurred due to the defect. This includes medical expenses, lost wages, pain and suffering, and any other relevant costs.

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Steps to Take if You Have a Defective Product Case

If you believe you have a defective product case, follow these steps to strengthen your claim:


Seek Medical Attention

Your health and safety are the top priority. Seek immediate medical attention for your injuries and keep detailed records of all treatments and expenses. These records will be crucial for your case.


Preserve the Evidence

Keep the defective product in its current state and do not attempt to repair or modify it. Store any packaging, instructions, and receipts related to the product. Take photographs of the product and your injuries.


Document the Incident

Write a detailed account of the incident, including the date, time, and circumstances under which the injury occurred. Note any witnesses and obtain their contact information.

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Report the Defect

Notify the manufacturer or retailer about the defect. This not only alerts them to the issue but also creates a record of your complaint.


Consult with an Attorney

Contact an experienced product liability attorney at Newman Injury Law. We can evaluate your case, guide you through the legal process, and help you gather the necessary evidence to build a strong claim.


Statute of Limitations

In Pennsylvania, the statute of limitations for filing a product liability lawsuit is generally two years from the date of injury. It is crucial to act promptly to ensure your right to seek compensation is protected. Delays can result in the loss of valuable evidence and weaken your case.

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Potential Compensation

If your defective product claim is successful, you may be entitled to various forms of compensation, including:


  • Medical Expenses: Coverage for past and future medical treatments related to the injury.
  • Lost Wages: Compensation for income lost due to the inability to work.
  • Pain and Suffering: Damages for physical pain and emotional distress caused by the injury.
  • Punitive Damages: In cases of gross negligence or willful misconduct, additional damages may be awarded to punish the defendant and deter similar conduct.


Determining whether you have a defective product case involves understanding the types of defects, meeting legal requirements, and taking prompt action. At Newman Injury Law, we are dedicated to helping you navigate this complex area of law and secure the compensation you deserve. If you suspect you have been injured by a defective product, contact us today for a consultation about your specific circumstances. Let us help you hold those responsible accountable and ensure your rights are protected.

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