Whether you are using a household product or heavy machinery or industrial
machinery, you should be able to count on the fact that the product has been
safely designed and built as it was designed.
We have successfully handled cases involving injury or death caused by alleged
defects such as tractors, off road vehicles, forklifts, cranes, just to name a
few.
Proving such cases can be very difficult and expensive. Being able to explain
what happened and why through pictures, models, computer animations and/or
expert testimony is often critical.
The Law
Pennsylvania law of strict product liability is based on Sec. 402A of the
Restatement (2d) of Torts. Under the Pennsylvania law of strict product
liability, a manufacturer/supplier of a product is the guarantor of its
safety. The manufacturer/supplier is liable for any harm that a defect in its
product was a substantial factor in bringing it about. A defect may be found
where the product left the manufacturer and supplier's control lacking any
element necessary to make it safe for its intended use or possessing any
feature that rendered it unsafe for the intended use. Intended use includes
any reasonably foreseeable use or misuse of a product.
Manufacturer and supplier of products from whom the law of strict product
liability applies includes anyone in the chain of distribution engaged in the
business of supplying products for use or consumption by the public, whether
manufacturers, wholesalers, distributors, retailers or lessors. A defective
condition, creating strict liability, is not limited to defects in the design
or manufacture of a product. The manufacturer and supplier of a product must
also provide such warnings and instructions as are necessary to inform the
user or consumer of the possible risks and inherent limitations of the product
in a form that will reach the ultimate consumer. The absence of such warnings
or instructions may be considered a defect. The duty to provide a
"non-defective" product is non-delegable.
The law of strict product liability concentrates on the safety of the product
rather than on the reasonableness of the manufacturer and supplier's conduct.
As a result, the manufacturer and supplier of a product may be liable for harm
caused by its defective product even where it has exercised all possible care
in the preparation and sale of its product. Factors which focus on the
reasonableness of conduct or otherwise inject negligence principles, such as
industry custom, industry standards or government regulatory or licensing
standards (unless found to preempt state law) and the negligence or conduct of
the injured person are irrelevant and inadmissible in a claim based on strict
product liability. However, assumption of the risk remains a complete defense,
where it can be shown that the injured person voluntarily chose to encounter a
known risk by manifesting, under the circumstances, a conscious appreciation
of and willingness to accept the danger posed by the defect in the product.
The manufacturer and supplier of a product may also defend a strict product
liability claim on the basis that there was a substantial change in the
product after it left its control. However, that defense is not available if
the alteration would have been reasonably foreseeable to the manufacturer and
supplier of the product or if the injury could have been sustained even if the
alteration had not occurred.
A claim under the law of strict product liability may be made for property
damage or personal injury resulting from the defect. However, the law of
strict product liability does not apply to claim for damages to the defective
product itself. A strict product liability claim is subject to a two year
statute of limitations, requiring suit to be filed within two years of the
date of harm. Note that a similar claim for breach of express or implied
warranty has been found to have a four year statute of limitations. There is
also a 12 year statute of repose that applies to products that have become
fixtures, i.e., elevators, escalators, conveyor belts and the like. The
statute of repose eliminates the right of recovery unless an action is
commenced within 12 years of the date of incorporation into the real estate as
a fixture. Note that the statute of repose has been found not to apply to
manufacturers, but only those involved in planning or installation of the
product as a fixture.
At Munley,
Munley & Cartwright, our goal is to provide exceptional legal services to our
clients. We strive to achieve the highest standard of excellence for the
protection of individual rights through team work and the use of our
considerable resources and experience. For a free consultation regarding
your legal concerns, please submit the below, or call us at:
1-800-318-LAW1
DISCLAIMER:
Attorney Advertising. Prior Results Do Not Guarantee a Similar Outcome.
Representation in jurisdictions where our attorneys are not already licensed is
performed in conjunction with local
counsel / lawyers - at no additional legal fees to our clients - and with
permission of the court.
