If you’ve suffered an injury due to a defective product you have purchased or used, you may be facing a number of questions. One question that many clients ask is, “How long do you have to file a product liability claim in PA?”
Timing is everything in a product liability case, and sometimes waiting too long to file your claim can cause you to lose your ability to file at all. Even though Pennsylvania statutes outline specific timeframes for product liability claims, the situation is actually a bit more complex than just counting down the days.
The Statute of Limitations in Pennsylvania
The first thing to know when it comes to timing in a product liability case is something called the statute of limitations. This is the deadline you have to file your claim. Pennsylvania uses a general personal injury statute of limitations for most product liability claims. The timeframe is set out by 42 Pa. Cons. Stat. § 5524. This gives individuals a general two-year limit to file a claim.
If your claim is not filed in time, the Court can dismiss your case, no matter how strong you believe it is.
When the Statute of Limitations Begins
In many injury cases, the timeline starts on the date of the injury. Still, injuries caused by products don’t always become apparent immediately. Under Pennsylvania law, the discovery rule delays the start of the statute of limitations until the injury is actually found, or should have been found, rather than from the initial use of the product.
A court will typically ask if a reasonable person in the same situation would have known about the injury and its cause. Reasonable is defined by the circumstances surrounding your individual product liability case.
So, if you used a product and suffered an injury immediately, the statute would likely begin on that date. However, if the connection between your injury and the product wasn’t clear until later, you would have time from that discovery date to file your claim.
Exceptions to the General Rule
The typical timeline is not followed in every case. In Pennsylvania, there are a few exclusions that can impact the time frame for filing a claim. Cases involving minors, for example, may require distinct scheduling considerations. In a similar vein, circumstances involving fraud or the concealment of a flaw may affect the start time or application of the clock.
These exclusions demonstrate why timing is rarely a straightforward estimate in a product liability case. Every scenario needs to be assessed according to its own facts and circumstances.
Documentation
Evidence can become less clear as time goes on. Records are lost, memories fade, and physical evidence can become damaged or impossible to find. Product liability cases can become even more complicated, as these cases typically deal with technical products.
If you or a loved one was injured by a product, taking pictures of your injuries, keeping records of medical care, and preserving the product itself can help you explain how you were using the product when you were injured.
Comparative Fault and Timing
Timing deals with when you bring your claim, but there are other legal concepts that can come into play with timing. Pennsylvania uses a comparative negligence statute, which means parties can be found at fault relative to one another. This doesn’t affect the deadline to file, but it can impact how your case is analyzed once it is filed.
Courts want to see that claims are filed while evidence is available and fresh memories are still around. If they didn’t place time limits on bringing claims, people could try to file claims years or decades after the incident occurred. Facts can become distorted over time, witnesses pass away, and evidence is no longer available. While it might seem harsh, filing deadlines exist for a reason.
The Statute of Repose
Pennsylvania doesn’t just have a statute of limitations. There is also what’s known as the statute of repose. The statute of repose bars recovery after a certain amount of time based on when the product was originally sold or first used.
There are legal reasons for both these laws, and they sometimes overlap. You need to understand how both affect your potential claim. Just because there is a law that allows you a certain amount of time to file a claim doesn’t mean you should wait until the last minute to contact an attorney. Evidence could be lost. Witnesses could become impossible to locate. And the product itself could be gone.
In product liability claims, it’s often necessary to preserve the product that injured you. Without the product itself, it can be difficult to prove to investigators what went wrong.
Nearly 15.1 million patients were seen in emergency departments for injuries related to consumer products in 2024, according to Injury Facts. Many injuries result from commonplace items that most people think of as safe. Cleaning products such as detergents and soaps caused 12,530 injuries. Cooking appliances like ovens and ranges caused 9,062 injuries. Television sets and stands caused 6,467 injuries.
When to Hire a Product Liability Lawyer
If you faced an injury, it is important to hire a product liability lawyer right away. Evaluating your case early can allow you to meet deadlines, preserve evidence, and learn how Pennsylvania’s product liability laws apply to you. Product liability cases can be fact-intensive and involve multiple parties. Identifying timing issues early can prevent future problems.
Here at SMT Legal, we believe in building relationships with our clients. We handle complex injury cases throughout Pittsburgh using real trial experience and extensive knowledge of our local courts. Located near the Allegheny County Courthouse, where many product liability cases are tried, we pride ourselves on listening to you and explaining your options in a way you can understand.
We believe that clear communication, careful evaluation, and thoughtful preparation allow our clients to understand their case and confidently move forward.
FAQs
Can I File a Claim if the Product Was Purchased Secondhand?
Yes, you can still file a product liability claim if you bought the item used. The questions revolve around whether the product was defective, which caused injury to you. Who purchased the item does not normally factor into this, but how the product was at the time you used it may.
What if I No Longer Have a Receipt for the Product?
Lack of receipt does not necessarily bar a claim. Proof of other details may be more difficult without a receipt, but it may be possible with the use of additional evidence. Bank records, packaging, or testimony could possibly be used to prove ownership and use. Ultimately, it comes down to proving the product was defective and caused damage.
Are Instructions and User Manuals Important in These Cases?
Instructions and user manuals can certainly come into play as well in these cases. They might demonstrate how the product was supposed to be used and if proper warnings were given. Unclear instruction manuals, or those lacking safety warnings, can also factor into whether or not the product was unreasonably dangerous.
What Happens if the Product Is Altered After Purchase?
After the product has been altered by the consumer, this may have an impact on how the claim is adjudicated. A court may find that by altering the product that caused or increased your injury, or that it changed the way the product operates. If, however, the pre-existing defect was also a substantial cause of your injury, your claim may still succeed depending on the facts of your case.
Contact SMT Legal Today
If you were injured due to a defective product, a Pennsylvania product liability attorney at SMT Legal can help you in your case. Contact us today for more information.
