Pennsylvania product liability: a straight assessment
Tell CM Injury what happened with the product and what concerns you now. We review Pennsylvania product-liability matters with personal attention and give you a straight assessment. We prepare the cases we accept for trial.
Pennsylvania Product Liability Lawyers
Guide contentsDefective condition and the Tincher holding
In its 2014 Tincher decision, the Pennsylvania Supreme Court explained that proving a breach of duty in a strict liability matter requires proof that a seller, meaning a manufacturer or distributor, put a product on the market in a defective condition.1
To demonstrate a breach of duty in a strict liability matter, a plaintiff must prove that a seller (manufacturer or distributor) placed on the market a product in a “defective condition.”
The Court held that Pennsylvania strict products liability requires alternative proof: either the ordinary consumer’s expectations or the product’s risk-utility.2
As we explain, after reviewing the provenance of the cause of action, the Second Restatement reporter’s choice of words, and the evolution of the cause of action in application, we hold that, in Pennsylvania, the cause of action in strict products liability requires proof, in the alternative, either of the ordinary consumer’s expectations or of the risk-utility of a product.
The Court also cautioned that its test was not a rigid formula for juries in every situation; the alternative theories provide flexible guidelines for defective condition across different products, legal claims and applications.3
It is essential for the bench and bar to recognize that the test we articulate today is not intended as a rigid formula to be offered to the jury in all situations. The alternate theories of proof contour the notion of “defective condition” in principled terms intended as comprehensive guidelines that are sufficiently malleable to account for product diversity and a variety of legal claims, products, and applications of theory.
The two-year deadline for specified injury actions
Pennsylvania requires the injury actions described in section 5524(2) to begin within two years: claims for personal injury or death caused by another person’s wrongful act, neglect, unlawful violence or negligence.45
Section 5524(7) also sets two years for other actions seeking damages for injury to person or property based on negligent, intentional or otherwise tortious conduct, and other actions sounding in trespass, including deceit or fraud, “except an action or proceeding subject to another limitation specified in this subchapter.”46
For a civil cause of action, section 5502(a) measures time from when the cause of action accrued, “except as otherwise provided by subsection (b) or by any other provision of this chapter.”7
We review the claim and its timeline before advising you about a filing deadline.
Shared fault in negligence actions
We examine allegations about your conduct and explain our assessment of a negligence claim.
In Pennsylvania negligence actions for death, personal injury or property damage, your own negligence does not bar recovery by you or your legal representative if it was not greater than the causal negligence of the defendant or defendants from whom recovery is sought.8 Your damages are reduced in proportion to the negligence attributed to you.8
Where a Pennsylvania action may be filed
For a Pennsylvania action against an individual, Rule 1006(a) gives several grounds for choosing a county, subject to its opening qualification: “Except as otherwise provided by subdivisions (b) and (c) of this rule”.9 One listed ground is the county where the cause of action arose.9
For corporations and similar entities, Rule 1006(b) permits filing only in the counties designated by Rule 2179, “except as otherwise provided in subdivision (c)”.10
A case can also move to another county under Rule 1006(d)(1): “For the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought.”11
Why Choose CM Injury
At CM Injury, we give your Pennsylvania product-liability matter careful attention. We read the available records, explain our assessment and give you straight answers to your questions.
We prepare the cases we accept for trial. Our preparation includes reading the record and retaining appropriate experts.
Reviewed and approved by Frank Mangiaracina
How we handle these cases
How We Approach Your Product-Liability Matter
Listen to Your Account
During a consultation, we listen to your account of the product and injury. We ask about your concerns and what you want us to review in your Pennsylvania product-liability matter.
Review the Available Record
We read the records you provide and assess the matter. We identify the questions we want to examine further.
Explain Our Assessment
We explain our assessment and discuss the options we see. We answer your questions directly and identify the points we have not resolved.
Prepare Accepted Cases for Trial
For cases we accept, we prepare for trial. We organize our preparation around the record and the issues we intend to address.
A careful review and a straight answer.
Or call a partner now at (267) 936-2233.
No fee unless we win. We discuss costs at the start of every case.
Product Liability Questions
Did Tincher set one rigid formula for every product case?
No. In Tincher, the Pennsylvania Supreme Court said its test was not a rigid formula for juries in every situation. The alternative theories offer flexible guidelines for deciding whether a product was defective. Those guidelines account for different products, legal claims and applications of the theories.
Can a Pennsylvania civil case move to another county for convenience?
Yes. Pennsylvania Rule 1006(d)(1) says: “For the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought.”
How does CM Injury assess a product case?
We read the available records, explain our assessment and give you straight answers to your questions. We prepare the cases we accept for trial, including reviewing the record and retaining appropriate experts.
