You may have gotten hurt by a product and want to know who you should hold responsible. You may be wondering who can be sued for a defective product in Pennsylvania. The answer is not always just one person or company. Many product liability cases involve more than one company or individual related to the design, manufacture, marketing, and sale of a product.
Pennsylvania allows defective product claims to be heard by courts like the Allegheny County Courthouse. These courts will look at how much responsibility each defendant had for allowing a dangerous product to reach the marketplace. Pennsylvania product liability laws do not focus on just the seller. The entire distribution chain can be involved in one claim.
Understanding Product Liability Claims in Pennsylvania
Product liability law was developed to help people who are hurt by defective or unsafe products. These claims generally fall into three main categories: design flaws, errors during manufacturing, and inadequate warnings. Each type of claim focuses on a different portion of the product life cycle.
Pennsylvania incorporates strict liability laws into many product cases. Using strict liability rules allows a defendant to be held accountable for defective products, even if they are not found to be negligent.
Emergency departments treated 15.1 million patients in 2024 for injuries caused by consumer items, according to Injury Facts. Most injuries are caused by common objects that are often assumed to be harmless. Detergents and soaps were responsible for 12,530 injuries. Ovens and cooking ranges were responsible for 9,062 injuries. Injuries from television sets and stands totaled 6,467.
Manufacturers
The first place we usually look when evaluating a product liability case is the manufacturer of the product. The manufacturer is the entity that originally designed and constructed the item. Manufacturers have a lot of control over the safety of the products they sell. A manufacturer can be held liable if:
- The product was defectively designed
- There was a problem with the manufacturing process
- The product did not come with adequate warnings or instructions
Because they create the product from scratch, manufacturers will likely be involved in some capacity during a product liability case. However, they will not always be the only defendant.
Distributors and Wholesalers
Distributors and wholesalers are often involved in the transfer of a product from manufacturer to retailer. Not every product goes through this step, but when a distributor or wholesaler is involved, they can be named in your claim.
Pennsylvania allows liability to pass through the entire distribution chain. As a result, any entity involved in getting a product to the general public can be held responsible. Even if the distributor had nothing to do with the defect, they can still be added to a case.
Retailers and Sellers
The person who sold you the product can also be named in a product liability case. Large chain stores and small local shops are all considered retailers for the purposes of product liability.
While some defendants are added based on their direct involvement in the creation of the product, sellers can be held responsible even if they had no part in the process. Strict liability laws allow plaintiffs to recover from multiple parties if need be.
Designers and Engineers
Some product liability cases will look to the individuals or companies who designed the item. A design defect is when a product is dangerous by design. Meaning that even if it is manufactured perfectly, it is still unsafe. Designers and engineers can be investigated to see if the product could have been made safer. Design defect claims focus on how the product was supposed to work.
Third-Party Contractors and Component Manufacturers
Most products are not made by a single company sitting alone in a factory. Many products have pieces made by other manufacturers. Some are even assembled by third-party contractors.
If one of the components was defective, the company that made that specific part could be held liable. Contractors who assemble the product or are involved in some other way during the manufacturing process can be defendants as well.
How Comparative Fault Can Affect Who Can be Claimed Against
Product liability claims in Pennsylvania are usually strict liability claims. However, if the injured person was partially at fault for their injury, comparative negligence can come into play.
Pennsylvania’s comparative negligence statute, 42 Pa. Cons. Stat. § 7102 could limit the amount of money you can recover based on your percentage of fault. For example, if you were 25% responsible for your injury, your total recovery would be reduced by 25%.
When to Hire a Product Liability Lawyer
While there is no set time that you should hire a product liability lawyer, the sooner the better. During the early stages of your case, a Pennsylvania product liability attorney can look at the product itself, your evidence, and who might be responsible. Learning about your claim early can help you identify how many parties should be involved in your case. Product liability cases can be complicated and involve many defendants.
We take a relationship-driven approach to every case we handle. At SMT Legal, our lawyers have real trial experience but spend most of their time working with clients to understand their goals and provide clarity during the legal process. Located near the Allegheny County Courthouse, we have built deep relationships within Pennsylvania’s legal community.
FAQs
Who Can Be Held Liable for a Defective Product?
Many parties can be held liable for a defective product. The entire chain of distribution can potentially be responsible. This can include manufacturers, designers, distributors, wholesalers, and retailers. You don’t necessarily have to have caused the defect to be held liable under Pennsylvania product liability law. Each link in the chain of distribution will be evaluated. The defendant’s part in offering the product to the public will be assessed.
What Are the Four Things Required to Prove Negligence?
Four elements are usually required to establish negligence. They are duty, breach, causation, and damages. Evidence must be presented that establishes each of these elements. Duty refers to the responsibility one party has to another. Failure to meet that responsibility is a breach of that duty. Direct causation of harm to another by the breach must be proved. Finally, the evidence must show that damages occurred as a result of the breach.
What Three Conditions Must Be Met for a Person to Have Standing to File a Claim?
Typically, a party must plead and prove three elements to have standing to file a claim. These elements are injury in fact, causation, and redressability. Injury in fact, means that the claim involves a real dispute. Causation means there is a connection between the injury and the defendant’s behavior. Redressability means that it is likely that the court will be able to give relief to the plaintiff.
Can I File a Claim if I Used the Product Incorrectly?
There are situations where a claim can still exist even if the product was misused. The court will consider whether the misuse was foreseeable and whether there were sufficient warnings. Misuse can limit liability and potentially decrease your recovery under Pennsylvania’s comparative fault principles. However, if an individual was intentionally goofing off while using a product, there is less of a chance of having a successful claim.
Contact SMT Legal Today
If you were injured by a defective product, you may be able to file a claim against the responsible parties. At SMT Legal, we can look at the evidence to identify who is liable. Contact us today for a consultation.
