What to Do If You Are Injured by a Defective Product in Pennsylvania

Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
May 6, 2025
Product liability

When a product you trusted causes injury, Pennsylvania law provides legal pathways to seek compensation from manufacturers, distributors, and retailers. Product liability claims in Pennsylvania operate under strict liability principles, meaning you don’t necessarily need to prove negligence—only that the defective product caused your injury when used as intended.

At Rubin, Glickman, Steinberg & Gifford, P.C., our knowledgeable attorneys have guided countless Pennsylvania residents through product liability claims. With over 65 years of legal practice serving Montgomery County and Bucks County, our legal team thoroughly investigates defective product cases and advocates for maximum compensation for your injuries.

Understanding Product Liability in Pennsylvania

Under Pennsylvania law, three main types of product defects may lead to valid legal claims. Identifying which category your case falls under is crucial for building a strong claim.

Manufacturing Defects

Manufacturing defects occur when a product deviates from its intended design due to errors in the production process. These defects typically affect a limited number of products rather than an entire product line.

Common examples of manufacturing defects include:

  • Contaminated medications or food products
  • Improperly assembled vehicle components
  • Missing safety guards on machinery
  • Structural weaknesses in materials due to improper manufacturing

For instance, if a ladder collapses because one rung wasn’t properly secured during assembly, this would constitute a manufacturing defect.

Design Defects

Design defects exist when an entire product line is inherently dangerous due to flawed design, even when manufactured exactly as intended. These defects affect all products within a line, not just individual units.

To prove a design defect in Pennsylvania, you must demonstrate the defect made the product unreasonably dangerous and that safer alternative designs were feasible. Pennsylvania courts apply the “risk-utility test,” weighing the product’s risks against its usefulness and considering whether the manufacturer could have adopted a reasonable alternative design.

Warning Defects (Failure to Warn)

Warning defects occur when a manufacturer fails to provide adequate instructions or warnings about non-obvious risks associated with using their product. Manufacturers have a duty to warn consumers about potential dangers, even when the product is properly designed and manufactured.

For example, a medication manufacturer must warn about potential side effects, or a power tool manufacturer must include warnings about specific safety hazards.

Steps to Take After a Defective Product Injury

If you’ve been injured by a defective product in Pennsylvania, taking prompt action helps protect both your health and legal rights.

Seek Medical Attention Immediately

Your health should be your primary concern. See a doctor promptly, even if your injuries initially seem minor. Some injuries develop or worsen over time, and medical documentation creates an official record connecting your injuries to the product.

Preserve the Product and Evidence

Do not repair, alter, or discard the defective product. The product itself is crucial evidence in your case. If possible, store it in the same condition it was in when the injury occurred.

Additionally, gather and preserve:

  1. Product packaging, instructions, and warnings
  2. Purchase receipt or proof of purchase
  3. Photographs of the product and your injuries
  4. Names and contact information of any witnesses

Maintaining detailed records of everything related to your injury and the defective product helps your lawyer get you the compensation you deserve. 

Consult With a Product Liability Attorney

Pennsylvania’s product liability laws are complex, and manufacturers typically have robust legal teams defending against claims. Working with attorneys familiar with these cases significantly improves your chances of receiving fair compensation.

Potential Compensation in Product Liability Cases

In Pennsylvania, victims of defective products may recover several types of damages, including the following:

Economic Damages

Economic damages cover tangible financial losses, including:

  • Past and future medical expenses
  • Lost wages and earning capacity
  • Property damage
  • Rehabilitation costs

This is why it is important to keep track of your medical expenses after your injury. 

Non-Economic Damages

Non-economic damages compensate for intangible losses:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Physical impairment or disfigurement

These damages can be challenging to quantify, which is where our team comes in. 

Punitive Damages

In cases involving particularly egregious conduct, Pennsylvania courts may award punitive damages. These damages are meant to punish the manufacturer and deter similar behavior in the future. However, these are relatively rare and typically only awarded in cases showing reckless disregard for consumer safety.

Contact a Knowledgeable Product Liability Attorney

If you or someone close to you has suffered injuries from a defective product, our skilled attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. stand ready to help. Our talented legal team has a proven track record of holding manufacturers accountable for dangerous products across Pennsylvania. 

With decades of experience handling complex product liability cases, we understand how to navigate these challenging claims and fight for the compensation you deserve. Contact us today at (215) 822-7575 or through our contact form to discuss your case.


Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
May 6, 2025
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the "Best Law Firm" for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.