Wilkes-Barre Defective Product Lawyers

You may have a valid defective product case if you were injured while using a product as intended or in a reasonably foreseeable way, and the product had a design defect, manufacturing defect, or inadequate warnings that caused your injury. Consulting with an experienced defective product lawyer is the best way to evaluate your specific situation.

In Pennsylvania, the statute of limitations for product liability claims is generally two years from the injury date. The "discovery rule" can be an exception if your injury or its link to the defective product wasn't immediately clear. It's vital not to delay; consult a defective product attorney promptly, as waiting too long can forfeit your right to seek compensation.

Pennsylvania uses the modified comparative negligence rule (51% bar). You can still recover damages if partially at fault, provided your fault isn't 51% or more. Your compensation is reduced by your fault percentage (e.g., 20% fault on a $100,000 award means $80,000 recovery). A product liability lawyer can clarify this for your specific defective product case.

At PA Attorney Source, our product liability lawyers handle defective product cases on a contingency fee basis. This means absolutely no upfront costs or attorney fees for you unless we win your case and secure financial compensation. Our fee is a pre-agreed percentage of the recovery, so anyone can afford representation regardless of financial standing.

The timeline for a defective product case varies based on its complexity (a nuanced design defect case versus a clear manufacturing defect), injury severity, number of defendants, and if it settles or goes to trial. Simpler cases might resolve in 6-12 months; complex ones involving catastrophic injuries or multiple liable parties could take 2-3+ years. We work for an efficient resolution without shortchanging your compensation.

Potentially every company in the chain of distribution: the manufacturer, the maker of a defective component, the distributor, and the retailer that sold it. Under Section 402A as interpreted by the Pennsylvania Supreme Court in Tincher v. Omega Flex, sellers of a defective product can be held strictly liable — you do not have to prove any of them was careless, only that the product was defective and caused your injury. We identify each company in the chain, because each may carry its own insurance and its own share of responsibility.

Yes — the product itself is the single most important piece of evidence in the case. Do not return it to the store, send it back to the manufacturer, throw it away, or let anyone "repair" it, and never hand it over to an insurance adjuster. Keep the packaging, instructions, receipts and any registration paperwork too. We arrange secure storage and an inspection by qualified engineers, and we send preservation letters so the manufacturer cannot claim the evidence was spoiled.

A recall helps your case but does not decide it: it is evidence the product posed a risk, yet the manufacturer will still argue your particular injury had another cause. The reverse is also true — the absence of a recall does not bar a claim, because most defective products are never recalled before they hurt someone. What matters is proving the defect existed when the product left the manufacturer's control and that it was a substantial factor in causing your injuries. We investigate both the recall history and the product itself.