Every product you buy should be safe to use as intended. When a manufacturer, distributor, or retailer puts a defective product into the hands of consumers, the consequences can be catastrophic — serious burns, traumatic brain injuries, spinal cord damage, amputations, and even death. If you or a family member was seriously injured by a defective product in Allentown, Pennsylvania’s strict liability law provides powerful protections that allow you to recover compensation without having to prove the manufacturer was negligent.
What Is Product Liability in Pennsylvania?
Product liability is the area of law that holds manufacturers, distributors, and sellers responsible when defective products cause injuries. Under Pennsylvania’s strict liability doctrine established in Section 402A of the Restatement (Second) of Torts, you do not need to prove that the manufacturer was careless or negligent. You only need to prove that the product was defective, that the defect existed when it left the manufacturer’s control, and that the defect caused your injury.
Pennsylvania recognizes three types of product defects:
- Manufacturing defects. The product was designed correctly but something went wrong during production, resulting in a specific unit that is different from and more dangerous than the intended design. Examples include a car with a faulty weld, a medication contaminated during production, or a child’s toy with a detachable part that should have been secured.
- Design defects. The entire product line is dangerous because the design itself is flawed. Every unit produced is equally defective. Examples include a vehicle with a center of gravity that makes it prone to rollover, a power tool without adequate safety guards, or a pharmaceutical with dangerous side effects that outweigh its benefits.
- Failure to warn (marketing defects). The product may function as designed but lacks adequate warnings or instructions about known risks. Examples include a medication without adequate warnings about drug interactions, a chemical product without proper safety instructions, or an appliance without warnings about electrocution risk.
If you need legal help, the experienced Allentown personal injury attorneys at Leeson & Leeson can help. Call (610) 200-6268 or contact us online for a free consultation.
Common Defective Products That Cause Serious Injuries
- Defective vehicles and auto parts. Faulty airbags, defective tires, brake failures, ignition switch defects, and fuel system leaks. The Takata airbag recall and GM ignition switch recall are examples of widespread vehicle defects that caused deaths nationwide.
- Dangerous pharmaceuticals and medical devices. Medications with undisclosed side effects, contaminated drugs, defective surgical implants (hip replacements, hernia mesh, pacemakers), and recalled medical devices.
- Defective consumer electronics. Lithium-ion battery fires in phones, laptops, and e-cigarettes that cause severe burns.
- Dangerous children’s products. Toys with choking hazards, cribs and car seats with design defects, and products that fail to meet CPSC safety standards.
- Defective power tools and industrial equipment. Tools without adequate safety guards, equipment with faulty shut-off mechanisms, and machinery that malfunctions during normal use.
- Contaminated food products. Food contaminated with bacteria, foreign objects, or undisclosed allergens that cause illness or allergic reactions.
Who Can Be Held Liable?
Pennsylvania’s strict liability law creates a chain of liability that extends to every party in the product’s distribution chain:
- The manufacturer of the finished product.
- The manufacturer of component parts if a specific component caused the defect.
- The distributor or wholesaler that moved the product through the supply chain.
- The retailer that sold the product to the consumer.
This broad liability chain is important because it gives injured consumers multiple potential sources of recovery, which matters when a foreign manufacturer may be difficult to sue in U.S. courts.
Attorney Joseph F. Leeson III brings a unique combination of legal, business, and financial expertise — with a JD, MBA, and CPA — to every case. Call (610) 200-6268 or contact us online to discuss your case.
Compensation for Defective Product Injuries
- All medical expenses including emergency care, surgery, hospitalization, rehabilitation, and future treatment.
- Lost wages and lost earning capacity.
- Pain and suffering, emotional distress, and loss of enjoyment of life.
- Permanent scarring, disfigurement, or disability.
- Wrongful death damages if the defective product caused a fatality.
The statute of limitations for product liability claims in Pennsylvania is two years from the date of injury. Understanding the timeline for personal injury cases in Pennsylvania is important. Pennsylvania’s comparative negligence rule may apply if the defendant argues you misused the product.
Why Allentown Residents Choose Leeson & Leeson
Joseph F. Leeson III is a Super Lawyers Rising Star and a member of the Million Dollar Advocates Forum. His combined JD, MBA, and CPA background gives him the ability to analyze complex product liability cases from both legal and financial perspectives.
Leeson & Leeson serves product liability victims across the Lehigh Valley, including Allentown, Bethlehem, Easton, and the broader Lehigh Valley region.
Do not wait to get the legal help you deserve. The Allentown personal injury attorneys at Leeson & Leeson are ready to fight for you. Call (610) 200-6268 or contact us online today.
Frequently Asked Questions
Do I Need to Prove the Manufacturer Was Negligent?
No. Under Pennsylvania’s strict liability law, you do not need to prove negligence. You only need to show that the product was defective, the defect existed when it left the manufacturer, and the defect caused your injury. This is a significant advantage for injured consumers.
What If I Modified the Product or Used It Differently Than Intended?
If you substantially modified the product or used it in a way that was completely unforeseeable, this may reduce or eliminate your claim. However, manufacturers are required to anticipate reasonably foreseeable misuse. Using a product in a slightly unconventional but predictable way does not necessarily bar your claim.
What Should I Do If I Was Injured by a Defective Product?
Seek medical attention immediately. Preserve the product, its packaging, receipt, and any instructions or warnings exactly as they are — do not repair, discard, or return the product. Photograph the product and your injuries. Do not contact the manufacturer before consulting an attorney, as anything you say could be used against you.
Can I File a Claim If the Product Was Recalled?
Yes. A product recall actually strengthens your case because it demonstrates that the manufacturer acknowledged the defect. Even if you received a recall notice but were injured before you could respond, you may still have a valid claim against the manufacturer for the defective design or for failing to issue the recall promptly enough.