Pittsburgh
Product Liability Lawyer

On This Page

1. You Have Only Two Years to Take Legal Action in Your Pittsburgh Product Liability Case
2. Recoverable Damages in a Pittsburgh Product Liability Case
3. Understanding Product Liability Laws and Your Rights
4. Basis of Legal Action for Product Liability in Pennsylvania
5. Defective Products Are Ones We Use Every Day
6. Injuries From Defective Products Can Mean Big Medical Bills

REVIEWED BY

C. William Kenny

February 02, 2024

Board certified by National Board of Trial Advocacy

If you suffered injuries because of a defective product, the Pittsburgh team from Berger and Green will seek to help you recover expenses related to your injuries. We offer free case reviews and can help you pursue compensation from the product manufacturer.

We handle all product liability cases on a contingency-fee basis, meaning you owe us no attorney’s fees or costs unless we negotiate a settlement or win a payout in your case. We can learn more about your accident and advise you of your legal options during a complimentary consultation with a member of our Pittsburgh team.

You Have Only Two Years to Take Legal Action in Your Pittsburgh Product Liability Case

Pennsylvania law generally requires legal claims pertaining to product liability to be filed within two years of the accident that caused your injuries, per Pa. C.S.A. § 5524. This is one reason we encourage you to reach out to us as soon as possible after an accident. We can also review your case to see if any exceptions apply to this time limit.

For example, if it is found that a party attempted to conceal a product’s defects, the statute of limitations, in this case, would start from the date the defect was discovered or reasonably should have been discovered.

Preserve the Defective Product Because it is Important Evidence

It is important that you store the product and any related materials – the manual, instructions, packaging, and accessories – until we need it as a part of our investigation into your case. Having the defective product will be integral to building a strong case against the manufacturer.

If you are interested, consider reaching out to our team today to get started. If you are still undergoing treatment, you can ask a trusted family member to give us a call. A product liability lawyer in Pittsburgh, PA, can meet with you at the hospital or your home.

Recoverable Damages in a Pittsburgh Product Liability Case

While we will not know the specific damages that may be available to you until we’ve investigated the details of your case, some of the most common types of damages available in Pittsburgh, PA, product liability cases include:

Economic Damages

• Medical treatment (including emergency care)
• Ongoing medical care (e.g., physical therapy, follow-up medical appointments)
• Out-of-pocket expenses related to the accident
• Lost wages from time missed at work due to recovery time
• Diminished earning capacity
• Property damages
• Other related costs

Non-Economic Damages

• Pain and suffering
• Mental anguish
• Scarring and disfigurement
• Humiliation
• Loss of life enjoyment

Wrongful Death Damages

If a loved one sustained fatal injuries because of a defective product, you may be eligible to pursue additional damages through a wrongful death and survival claims action. This could result in additional compensation to cover expenses like burial and funeral costs and your loved one’s final medical bills. We can answer any questions you have about wrongful death damages during your free consultation.

Understanding Product Liability Laws and Your Rights

Under state and federal laws as well as industry guidelines, manufacturers are responsible for ensuring their products are safe before marketing them and selling them to consumers. If there are any reasonable dangers related to the product, the manufacturers and distributors must offer clear warnings. If they do not, they could be liable for the injuries the product causes its users to suffer.

Berger and Green Will Fight for Your Compensation

Our founding partner, Lawrence B. Green, has more than 40 years of experience fighting for the rights of injured clients and their families. We can handle any type of defective product or product liability case. This includes injuries that occur because:

• A product was poorly designed
• A product has a manufacturing defect
• A product has inadequate or absent instructions
• A product lacked appropriate warnings

For example, imagine you were using a power tool when it malfunctioned and injured your hand. As a result, you needed emergency surgery and missed several months of work. A product liability lawyer in Pittsburgh, PA, can help build a case showing the product has a defect that caused your injuries and pursue compensation for the expenses and losses you suffered as a result.

Basis of Legal Action for Product Liability in Pennsylvania

We will explain how Pennsylvania’s standards for liability could affect your case. However, it is essential to know that the state generally uses two standards when determining if product liability applies when the case involves a product whose design was found defective.

One standard is the Consumer Expectations Standard, which looks at whether a product’s potential to harm exceeds what a customer would reasonably expect while using it. The other is the Risk Utility Standard, which looks at if the injury that occurred from use of the product was worth considering and if that responsibility was greater than taking precautions regarding its use.

If there is a flaw in how the product was made, then “strict liability” may apply to your case. This means the product’s manufacturer is responsible for injuries that result from its use, regardless of whether it knew about the defect or the possibility that it could injure those who use it. A manufacturer can also be held liable for failing to provide instructions for or warnings about a product.

Our lawyer can review your product liability accident and determine which basis of liability applies to your case.

Liable Parties in a Product Liability Case

Several parties can be held responsible for a consumer’s injuries in a product liability lawsuit. Among them are:

• Manufacturers
• Part manufacturers
• Parties who put together products or installs them
• Distributors
• Wholesalers
• Suppliers
• Retailers

We can help you identify the parties you should pursue legal action against in your case.

Defective Products Are Ones We Use Every Day

Just about any industry can produce defective products, and they can be found on store shelves or in homes and businesses anywhere. When consumers buy any product, they expect it to work properly without incident. As we know, that is not always the case. Here’s a sampling of products that could be faulty:

• Household or industrial cleaning products
• Automotive products (e.g., seat belts, car seats)
• Cosmetics
• Toys
• Clothing
• Medical products, medical devices
• Prescription, over-the-counter medications
• Firearms
• Food and drink products
• Machinery and tools

Injuries From Defective Products Can Mean Big Medical Bills

People who suffer injuries from faulty products could spend months trying to recover from their wounds. Defective products can cause:

• Falls
• Internal organ damage
• Cuts, scrapes
• Chemical burns
• Broken bones
• Head injuries
• Eye, face, neck injuries
• Amputations

A person recovering from any of these injuries faces the possibility of needing rehabilitative care for months or longer going forward. They also may need therapy to cope with post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health conditions after surviving such an ordeal. Berger and Green’s legal team can review all of your damages and help you seek the financial award that can help you cover your losses.

Let Berger and Green Fight for the Compensation You Deserve

If you or a loved one sustained injuries because of a defective product in a Pittsburgh accident, our team can help investigate the product’s defect, identify any similar cases, and take legal action to pursue compensation.

When you enlist the help of our team, you can expect us to:

• Fight to protect your rights
• Manage all communication related to your case
• Answer your questions and keep you up to date about the status of your case
• Investigate what happened, how, and why to prove liability
• Enlist the help of engineers, industry experts, and others to support your case
• Document your injury-related expenses and losses
• Attempt to negotiate an out-of-court settlement, when appropriate
• Litigate your case when that is the best option for recovering adequate compensation

If your injuries are particularly severe, you may also qualify for Social Security Disability. We can evaluate your qualifications and help you apply for Social Security Disability benefits. You may still qualify for monthly payments from Social Security Disability Insurance even if you win compensation in your civil case.

Pittsburgh Product Liability FAQs

Product liability cases can be challenging and overwhelming, especially due to their complex nature of having multiple parties involved. You may have numerous questions about your case, which can only be answered by personal injury attorneys experienced in product liability laws.

What Damages Can I Recover in a Product Liability Lawsuit?

Why Do I Need a Pittsburgh Product Liability Lawyer?

What Damages Can I Recover in a Product Liability Lawsuit?

In personal injury lawsuits, victims can claim compensatory damages, which can be categorized as general, special, and sometimes punitive damages. Compensatory damages are an attempt to help make a plaintiff “whole” again or restore them to the state they were in prior to the accident. 

Part of these losses incurred from the accident includes general damages, whichare meant to reimburse the plaintiff for losses that are not easily calculable in monetary terms, such as pain and suffering. On the other hand, special damages reflect easily calculable out-of-pocket expenses related to the injuries, such as medical costs.

In some civil cases, punitive damages may be awarded. These damages are meant to punish the at-fault defendant for their negligence and misconduct. They can be often seen as a deterrent for them and others to prevent them from similar wrongdoings in the future.

While we will not know the specific damages that may be available to you until we’ve investigated the details of your case, some of the most common types of damages available in Pittsburgh, PA, product liability cases include:

Economic Damages

• Medical treatment (including emergency care)
• Ongoing medical care (e.g., physical therapy, follow-up medical appointments)
• Out-of-pocket expenses related to the accident
• Lost wages from time missed at work due to recovery time
• Diminished earning capacity
• Property damages
• Other related costs

Non-Economic Damages

• Pain and suffering
• Mental anguish
• Scarring and disfigurement
• Humiliation
• Loss of life enjoyment

Wrongful Death Damages

If a loved one sustained fatal injuries because of a defective product, you may be eligible to pursue additional damages through wrongful death and survival claims actions. This could result in additional compensation to cover expenses like burial and funeral costs and your loved one’s final medical bills. We can answer any questions you have about wrongful death damages during your free consultation.

Why Do I Need a Pittsburgh Product Liability Lawyer?

After suffering an injury due to a defective product, you want to hold the at-fault parties accountable. But consider who those parties might be. These products likely came from major manufacturers, retailers, and distributors. Taking them on with a legal claim alone can be daunting, if not impossible.

Don’t overwhelm yourself with a lost cause. By hiring a product liability lawyer in Pittsburgh, you’ll have the legal experience on your side that you need to combat the deep pockets of a host of potentially liable parties. 

You’ll also have a legal specialist who knows how to prove negligence and recklessness, someone who can present a strong case, and enough resources like investigators, expert witnesses, and paralegals to do all the work you can’t do on your own.

Talk to a Product Liability Lawyer in Pittsburgh, PA

If you sustained injuries because of a defective product accident, the Berger and Green team may be able to help. We understand what you need to know about product liability and will pursue the compensation you deserve.

Call us today at (412) 661-1400 for your free case review. A member of our Pittsburgh product liability team is standing by to discuss your case and your legal options.