If you manufacture, distribute or sell products to the public here in Pennsylvania, there is a good chance that at some point you are going to be sued by someone who used the product, claiming it was defective and caused them harm. Products liability is a very complex area of the law, with different theories of liability, as well as a broad array of potential damages. As someone in the supply chain, you could be held liable if a product you produced, distributed or sold proves to be defective. Still, there are a number of defenses you can rely on to defend yourself against a products liability claim. An experienced commercial litigation attorney can help you with your defense making sure your rights are protected.
Theories of Liability in Products Liability Cases in Pennsylvania
Pennsylvania provides three different theories of liability in products liability cases: strict liability, negligence, and breach of warranty. Each has certain requirements that a plaintiff must prove to receive compensation in a case. Understanding each will help you as a manufacturer take steps to defend yourself if you are sued by an end user.
Strict liability means that the manufacturer or seller of a defective product is liable for the harm it caused even if it took reasonable care in the design, manufacture and sale of the product. This theory of liability focuses solely on the product, and requires a plaintiff to show that it was defective, that this defect made the product unreasonably dangerous, and that the defective product caused the plaintiff’s injuries. If any of these elements is not present, then the plaintiff will not have a case against the manufacturer.
Negligence takes a different approach. Here, the plaintiff will have to show that the product’s manufacturer breached a duty of care that resulted in harm to the plaintiff. Unlike strict liability, negligence focuses on the conduct of the defendant. The plaintiff will have to show that the defendant owed him or her a duty of care, that the defendant breached this duty, and that this breach was the proximate cause of the injuries.
The final theory is breach of warranty. Here, a buyer will show that the seller of the product failed to uphold any claims made about the product’s quality or performance. There are two types of warranties, express and implied. Express warranties are specific promises made about the product, such as saying that a cleanser will remove dirt from a wall. If the cleanser doesn’t work, then this is a beach of an expressed warranty. An implied warranty is not explicitly stated, but is implied under law. One of the most common is the implied warranty of merchantability, which means the product is fit for its ordinary purpose. This would be like a hammer that cannot drive a nail. In a breach of warranty, the plaintiff will have to show that there was an express or implied warranty made by the manufacturer or seller that the product did not fulfill.
Product Defect Types
In general, Pennsylvania recognizes three different types of product defects that can be grounds for a products liability case. Design defects are ones that are inherent in the product. In other words, something is inherently wrong with the way the manufacturer designed the product, and that there were safer alternatives that the manufacturer could have used.
Manufacturing defects are different. Here, the design was satisfactory, but there were issues with how the product was made. There may have been an issue with assembly or the raw materials used. The point is that the end product was defective.
Finally, a failure to warn involves the inherent risks associated with the product or device. In this situation, the manufacturer had a duty to advise the public about the risks in its product and either failed to do so or gave an inadequate warning.
Potential Damages in Products Liability Cases
The potential damages you may face in a products liability case in Pennsylvania are very broad. They generally break down into two categories, economic and non-economic. The economic damages are the ones that can be quantified with the plaintiff having to show that they actually incurred an expense or went out of pocket. For non-economic damages, the amounts are harder to quantify and are usually left to the judge or jury to determine.
Some economic damages are medical expenses the plaintiff incurred as a result of using the defective product. Rehabilitation costs can also be included, as well as the expenses of durable medical devices and medications. The defendant may also be responsible for lost wages as a result of the injuries to the plaintiff that caused him or her to miss work. If the plaintiff suffered a permanent injury that caused him or her to become disabled, then loss of earning capacity may also be included. Finally, if the property of the plaintiff was damaged as a result of the defective product, then this can be included as well.
Non-economic damages are also broad. Pain and suffering includes compensation for emotional distress, physical pain, and mental anguish. Here, plaintiffs will have to show why they should be compensated for any ongoing pain that they suffered from the defective product. If the plaintiff was permanently disfigured by the product defect, then a judge or jury can award compensation for this too. Another area that may be addressed is loss of enjoyment of life. For example, if the plaintiff can no longer participate in an activity he or she used to enjoy, then they can seek an award for this as well.
A final area is punitive damages. If the plaintiff is able to show that the manufacturer acted recklessly with respect to the product, then the plaintiff may be awarded punitive damages. For example, the plaintiff could demonstrate that the manufacturer was aware of the defect but failed to recall the product or tried to hide the evidence from the public. Often referred to as treble damages, this can be up to three times the amount of economic and non-economic damages awarded to the plaintiff.
Common Defenses in Products Liability Cases
If you or your company is sued for products liability, there are a number of defenses that can help you with the lawsuit. First, the plaintiff carries the burden of proof in the case. This means that the plaintiff has to establish all of the elements of the claim and prove them by a preponderance of the evidence. So, if the standard is strict liability, it will be incumbent on the plaintiff to show that the product was defective, it was manufactured by your business, the defect rendered the product dangerous, and the injuries suffered by the plaintiff were directly caused by your product. If the plaintiff fails to prove any of these things, then the defendant will prevail. For example, if the injuries were caused by something other than the product, then the plaintiff will be unable to prove a product liability claim.
There is also a statute of limitations for products liability cases in Pennsylvania. In general, the plaintiff will only have two years to file his or her case. This begins to run on the date of injury or when the injury should have been discovered. If the plaintiff is late in filing, you can have the case dismissed. There is also a 12 year statute of repose for product liability claims that begins to run from the date of the product’s original purchase. This will also bar any claim that is filed after such date.
Another common defense to a products liability claim is product misuse. If the plaintiff did not use the item correctly, then the manufacturer will not be liable for the injuries sustained by the plaintiff. Also, with some products, there is an inherent risk associated with usage, such as things like chainsaws and welding torches. A manufacturer can argue that the plaintiff assumed the risk in using these products.
Contact a Pennsylvania Products Liability Attorney Today
Pennsylvania product manufacturers often face products liability claims. The experienced commercial litigation attorneys at Jones Gregg Creehan & Gerace will provide you with the defense you need to protect your rights. Contact us to schedule a consultation.