If a Pennsylvania resident is injured by a defective product, that person, generally, has two years to file a lawsuit. The window to file a lawsuit, typically, begins on the day that the victim was hurt. In some cases, the statue of limitations clock doesn’t start until a person either discovered or should have discovered his or her injury. Generally speaking, statutes of limitations are imposed to create an additional layer of fairness in a civil proceeding.
A defective product is defined as one that is unreasonably dangerous when it is used in a proper manner. Defects can occur because an item was not designed correctly or because of errors during the manufacturing process. If an instruction guide is unclear or incomplete, it could be considered to be a marketing defect. As a general rule, parties are liable for damages resulting from a defective product whether the malfunction was intentional or the result of a party’s negligence.
Individuals who are harmed because of another person or entity’s negligence may be entitled to compensation in a product liability case. Compensation may help to pay current and future medical bills incurred after using a defective product as well as help a person recoup lost wages and future earnings. Injured victims may want to hire legal representatives to help them with their cases.
An attorney may be able to use witness statements, photos or videos to prove that a product was being used properly when a person was injured. Photos or videos may also be used to show that a design or manufacturing flaw caused a product to overheat or otherwise malfunction. Legal counsel may also introduce the instruction manual into evidence to show that it failed to warn a victim of the potential hazards of using the item.