Personal Injury and Product Liability: Holding Manufacturers Accountable

Product liability law protects consumers from defective products that cause injuries.

Lancaster, United States - May 14, 2024 / Rankin & Gregory, LLC (RG Injury Law) /

Introduction - What is Product Liability?

Product liability law protects consumers from defective products that cause injuries. In Pennsylvania, liability covers defects in design, manufacturing, and marketing. Key concepts include strict liability, statutes of limitation, and comparative fault.

This article from Lancaster Personal Injury Lawyer, RG Injury Law, highlights the important things to know regarding product liability and personal injury.

Key Takeaways

• Statutes of Limitation: 2 years for personal injury, 12 years for real estate defects.
• Strict Liability: This applies to all manufacturers, regardless of the care taken.
• Defects Covered: Design, manufacturing, and inadequate warnings.
• Comparative Fault: Modified comparative fault standard is applied.
• Seek Legal Help: Legal assistance is crucial due to the complexity of claims.

Understanding Product Liability Basics

Strict Liability

Strict liability means manufacturers, distributors, and sellers are responsible if products are defective when leaving their control. Potential defendants include companies involved in manufacturing, distributing, and selling defective products.

Types of Defects

1. Design Defects: Flaws in the product's original design.
2. Manufacturing Defects: Errors occurring during the manufacturing process.
3. Marketing Defects: Inadequate warnings or instructions provided for the product.

Types of Defects and Legal Tests in Pennsylvania

Design Defects

Evaluated using two tests:

1. Consumer Expectation Test: Is the product more dangerous than an ordinary consumer would expect?
2. Risk-Utility Test: Does the burden of precaution outweigh the products benefits?

Manufacturing Defects

Manufacturing defects occur when products deviate from design specifications. Strict liability applies if the defect was present when leaving the manufacturer.

Marketing Defects

Marketing defects relate to inadequate warnings or instructions.

The focus is on the insufficiency of warnings or instructions provided.

This business must take a careful approach when making products.

Some methods for providing the required information are clear and prominent warnings, language that suits various user segments, highlighting inherent risks and steering clear of excessive warnings that could dilute their impact.