How to Win a Product Liability Claim in Pennsylvania
Defective products can be incredibly dangerous. They can cause disabling injuries and even death. In Pennsylvania, when a defective product harms a consumer, that consumer could file a product liability claim for compensation for their damages. The key to filing a successful product liability claim is proving fault. And while this may seem straightforward, it is actually a fairly difficult thing to do in many instances.
Victims who were harmed by a defective product in Pennsylvania can have their case reviewed by a Pennsylvania product liability attorney at Edelstein Martin & Nelson, LLP. Determining what your rights are and your ability to recover compensation can be a tricky thing to do alone. But, with an experienced attorney who can review your case, value it, and provide legal guidance on your options, the process becomes much more manageable.
Winning Your Pennsylvania Product Liability Claim
You may have a claim to make against one party or several when you were injured by a defective product. Depending on the circumstances for which your injury accident took place, the manufacturer of the product, the designer of the product, the seller of the product, and many more entities could be responsible for the faulty product and your resulting injuries.
If you are going to secure a positive outcome no matter who your claim is against, you must show all elements of fault for a defective product that existed on behalf of the party or parties you are filing your claim against. These elements include:
- You used the product correctly in the way it was meant to be used.
- The product was defective.
- The defective product caused your physical bodily harm and other damages.
Like all tort claims, there is a limited amount of time to take legal action. This timeframe is known as the statute of limitations. Pennsylvania’s product liability statute of limitations is only two years from when the incident happened which means, that after your injury from your defective product, the clock starts. With all of the actions that need to be done to put a claim together, it is best not to wait to connect with an attorney and get started. If you miss the statute of limitations deadline, you will be unable to obtain financial compensation for your losses.
The exception to the statute of limitations starting at the time of the injury incident is when the symptoms of an injury are not known immediately after the defective product malfunctions. Some injuries do not have signs or symptoms that show up immediately. In these situations, the statute of limitations will start when a medical professional formally diagnoses one’s injury from a defective product malfunction in Pennsylvania.
Speak to an Attorney at Edelstein Martin & Nelson, LLP Today
Defective product injury claims can be very complex. Having an attorney helping you is critical. Your attorney can ensure that all the appropriate steps are taken within the statute of limitations so you can improve your chances of recovering compensation for your harm.
For help with a claim, please call a Philadelphia personal injury attorney today at Edelstein Martin & Nelson, LLP, at (215) 731-9900 to schedule a free, initial consultation.