As consumers, we should expect that the goods we purchase are safe. Yet, sometimes the products we purchase have defective designs, defective manufacturing or fail to provide adequate warning of the dangers associated with using them. Each year, countless injuries result from dangerous or defective products. Some of these injuries can be catastrophic and life-altering, and are all the more tragic considering that there often could have been steps taken to prevent such incidences from occurring.
When a defective product injures you or someone you love, you deserve answers—and accountability. Our Philadelphia-based product liability attorneys fight for individuals harmed by unsafe consumer goods, medical devices, industrial equipment, and more. If a product caused serious harm due to poor design, manufacturing errors, or a lack of proper warnings, you may have a case. Our skilled lawyers at Silver & Silver can help you hold corporations and manufacturers responsible. You don’t have to figure it out on your own.
If you or a loved one have been injured by a defective or dangerous product, you may be entitled to compensation for your pain and suffering and loss through a product liability claim.
Product retailers, manufacturers, designers and suppliers have a duty to keep the products they sell to consumers in a safe condition and may be liable for unsafe, faulty, poorly designed, badly manufactured or carelessly stored products.
The law protects consumers from a wide variety of consumer and industrial product defects and includes such items as:
- Defective, dangerous or hazardous toys
- Faulty or dangerous electrical products
- Defective or poorly designed household appliances
- Defective or poorly designed medical devices
- Dangerous nutritional supplements, over-the-counter drugs and prescription medications
- Defective or dangerously designed cars and car parts
- Various other product defects.
Pennsylvania is a “strict product liability state.” These means that unlike in other personal injury cases where the reasonableness of the defendant’s conduct are considered, in PA, no consideration is given to whether or not the defendant acted reasonably. Thus, the law states that companies that manufacture, supply or sell goods in the state are liable from any injuries that result from a defective product when it is used as intended. Any reasonably foreseeable use or misuse of a product is considered to be a use “as intended.”
While strict product liability attaches, these cases can be very complicated and require the attention of a skilled and knowledgeable attorney, to prove that a product was, in fact, defective, the defective product caused one’s injuries, and one’s uses were as intended.
Product liability comes in three varieties, design defects, manufacturing defects and marketing or “failure to warn” defects. In failure to warn situations, a manufacturer or supplier’s failure to provide necessary warnings and instructions on possible risks of the product can, in and of itself, be viewed as a defect.
If you believe that you or a loved one has been the victim of a defective product that has resulted in a serious injury or death, contact the experienced attorneys at Silver & Silver today for a free consultation at 610-638-7255.
How a Product Liability Lawyer Can Help
When you’re hurt by a defective product, a product liability lawyer becomes your frontline advocate. These cases are complex. You’re not just going up against an individual—you’re taking on a manufacturer, a retailer, and sometimes an entire supply chain. Each one of them has a legal team working to avoid responsibility.
A lawyer experienced in product liability knows how to investigate your claim, identify every party involved, and build a strong case. That includes collecting documentation, consulting with expert witnesses, and proving how the product caused your injury. Whether it was a malfunctioning airbag, a toxic chemical in a household cleaner, or an unsafe piece of machinery, you need someone who knows how to navigate these legal waters.
Insurance companies will do everything possible to minimize your claim. An experienced Philadelphia product liability lawyer doesn’t just push back—they come prepared. We’ll calculate the full scope of your damages, including lost wages, medical expenses, long-term care needs, and pain and suffering. If the product led to permanent disability or wrongful death, the stakes are even higher, and the legal strategy needs to reflect that.
You also get a buffer from the pressure. Instead of fielding calls from insurers or trying to interpret legal language, your lawyer takes over. You focus on healing while your legal team focuses on results. That’s what the right product liability attorney brings to the table in Philadelphia—an understanding of local laws, courtroom experience, and a relentless focus on your recovery. We also can provide a slip and fall lawyer in Philadelphia if there’s more to your case.
Compensation for Product Liability Victims
When a dangerous product causes harm, financial recovery can’t undo the damage, but it can help you rebuild. Victims of product liability often face more than just physical injuries. There are hospital bills, lost income, emotional trauma, and long-term health effects that can upend your life.
A Philadelphia product liability lawyer will work to secure compensation for all of it. That typically includes:
- Medical expenses: Both current and future care, including surgeries, rehab, prescriptions, and assistive devices.
- Lost wages: If you missed work or can’t return to your previous job, your compensation should reflect that.
- Pain and suffering: physical pain, emotional distress, and loss of enjoyment of life aren’t always visible, but they matter.
- Punitive damages: In some cases, courts will award these to punish especially reckless or negligent manufacturers.
Each product liability case is different. You might be dealing with a defective drug, a recalled food product, or a child’s toy that caused serious injury. In any of these situations, your lawyer needs to show not only that the product was defective, but that the defect directly caused your injuries.
Who Can File a Product Liability Lawsuit?
You don’t have to be the person who bought the product to have legal standing. Under Pennsylvania law, anyone injured by a defective product can typically file a product liability lawsuit. That includes family members, bystanders, or even workers injured while using defective equipment on the job.
The key factor is whether the product was being used as intended—or in a reasonably foreseeable way—when the injury occurred. If it was, and the product failed or was unreasonably dangerous, a lawyer can help you take legal action.
These lawsuits can also be filed on behalf of someone who died due to a product defect. In those cases, surviving family members may bring a wrongful death claim. Whether it’s a household appliance, a medical implant, or contaminated food, product liability cases often involve more than one liable party. The manufacturer, distributor, or even a third-party contractor may all share blame.
A Philadelphia product liability lawyer will dig into who made the product, how it was marketed, and whether proper warnings were given. If multiple victims were harmed by the same product, your case may also become part of a mass tort or class action, which your attorney can help you navigate.
Statute of Limitations for Product Liability Cases
You don’t have unlimited time to file a product liability claim in Philadelphia. In Pennsylvania, the statute of limitations is generally two years from the date of injury. Miss that window, and your case may be dismissed, no matter how strong it is.
There are exceptions. If you didn’t know right away that a product caused your injury—say, in the case of defective implants or toxic exposure—the clock may start from the date you discovered or should have reasonably discovered the harm. A lawyer can help you determine exactly when your deadline expires and make sure you don’t miss it.
The sooner you talk to a Philadelphia product liability lawyer, the better your chances. Evidence can disappear quickly. Products get fixed, recalled, or thrown away. Witnesses forget details. Acting fast gives your legal team the best chance to secure the compensation you deserve.