Product liability law exists to protect consumers from defective and dangerous products. However, Pennsylvania has specific legal provisions that impose strict time limits on when a lawsuit can be filed. One of the most significant barriers in product liability cases is the statute of repose, which prevents lawsuits after a certain number of years, even if an injury occurs long after the product was sold.
If you were injured by a defective product, it is crucial to understand how long you have to take legal action. Pennsylvania’s statute of repose can completely block lawsuits after a set period, even if a product is proven defective and harmful. Many consumers are unaware of this restriction, making it essential to be informed before pursuing legal action.
This article explains Pennsylvania’s product liability laws, how the statute of repose differs from the statute of limitations, what exceptions may apply, and how consumers can protect their legal rights if they are injured by a defective product.
What Is Product Liability?
Definition and Purpose
Product liability is an area of law that holds manufacturers, distributors, and retailers accountable when their products cause harm. Consumers trust that the products they purchase are safe for use, but when defects exist, serious injuries or even fatalities can occur.
Types of Product Liability Claims
In Pennsylvania, product liability claims typically fall into three categories:
Manufacturing Defects
These defects occur when a product is flawed due to errors during the production process. Even if the product was designed safely, mistakes in manufacturing can result in dangerous defects. A common example is a car with faulty brakes due to improper assembly.
Design Defects
A design defect arises when a product’s fundamental design is unsafe. Unlike manufacturing defects, these issues exist in every unit of the product because the defect is part of its original design. A poorly designed electrical device that overheats and catches fire is an example of a design defect.
Failure to Warn
Failure to warn occurs when a manufacturer does not provide adequate warnings or instructions about a product’s risks. Some products are inherently dangerous when used incorrectly, and it is the manufacturer’s responsibility to ensure that users are warned about potential hazards. A common example is a chemical cleaner that lacks proper instructions and warnings about toxic fumes.
Strict Liability in Pennsylvania
Pennsylvania’s product liability laws often follow the principle of strict liability. This means that an injured consumer does not have to prove negligence—only that the product was defective and caused harm. This legal standard makes it easier to hold manufacturers accountable for dangerous products.
What Is the Statute of Repose in Pennsylvania?
Definition and How It Works
A statute of repose is a law that prevents legal claims after a specific period, regardless of when the injury occurred. In Pennsylvania, the statute of repose for product liability cases is set at 12 years. This means that once a product has been on the market for 12 years, any claims against the manufacturer for injuries caused by defects in that product are generally barred.
When Does the Time Start?
The statute of repose begins on the date the product is first sold or placed into use. This differs from the statute of limitations, which starts from the date of injury. The most important distinction is that the statute of repose is absolute. Even if a defective product causes an injury years later, the lawsuit will be dismissed if the repose period has expired.
Example Case
Consider a situation where a lawnmower was manufactured and sold in 2010. In 2024, the lawnmower malfunctions due to a defect and injures a user. Although the injury occurred recently, the product has been on the market for 14 years. Because the 12-year statute of repose has expired, the injured party cannot file a lawsuit against the manufacturer.
Statute of Repose vs. Statute of Limitations: What’s the Difference?
Two Different Legal Concepts
The statute of repose is often confused with the statute of limitations, but they serve different legal purposes. The statute of limitations is the time limit for filing a lawsuit after an injury occurs. It ensures that cases are brought while evidence is still fresh.
In contrast, the statute of repose acts as a final cutoff for liability, preventing any claims once a product reaches a certain age.
How They Work
- Statute of Repose: Starts counting from the date the product was sold and has a hard deadline of 12 years.
- Statute of Limitations: Starts counting from the date of injury and gives a specific timeframe (usually two years in PA) to file a claim.
Why This Matters
Even if the statute of limitations allows a lawsuit, the statute of repose may still prevent it.
For example, if a defective toaster causes an injury in 2023, but the toaster was originally sold in 2009, the statute of repose would prevent a lawsuit even though the injury just happened.
The statute of limitations might have allowed a claim if it were based only on the injury date, but because the product is more than 12 years old, the statute of repose applies.
Exceptions to Pennsylvania’s Statute of Repose
Are There Any Legal Loopholes?
Although the 12-year statute of repose is strictly enforced, there are a few exceptions where lawsuits may still be allowed.
Fraudulent Concealment
If a manufacturer knowingly hides a defect and does not disclose it to consumers, a court may extend the time limit for filing a lawsuit. This can be difficult to prove, but in cases where companies deliberately misled the public about a product’s safety, the statute of repose may not apply.
Toxic Exposure Cases
Some long-term health effects from chemical or asbestos exposure may be exempt. If an illness develops years or decades after exposure, the court may consider overriding the statute of repose.
Construction Materials
Certain building materials that are essential to a structure may have a longer repose period. Defects in these materials can take decades to appear, so different legal rules may apply.
Can You Sue for a Defective Product After 12 Years in Pennsylvania?
General Rule
In most cases, you cannot sue for a defective product once the 12-year period has passed. The only way to file a lawsuit beyond this deadline is if an exception applies, such as fraudulent concealment by the manufacturer or certain toxic exposure claims.
What Should You Do?
If you suspect a product caused harm but more than 12 years have passed, it is best to consult a lawyer to determine whether any exceptions might apply in your case.
Protecting Your Rights in Product Liability Cases
What to Do After an Injury
If you have been injured by a defective product, taking immediate action is crucial.
- Document the incident by taking photos of the defective product and your injuries.
- Preserve any receipts or warranty documents that show when you purchased the product.
- Seek medical attention as soon as possible, even if the injury seems minor.
- Consult a Pennsylvania product liability lawyer to discuss your legal options.
Frequently Asked Questions (FAQs)
What happens if I miss the 12-year statute of repose deadline in Pennsylvania?
If the statute of repose has expired, your lawsuit will likely be dismissed. Pennsylvania law strictly enforces the 12-year time limit, meaning that even if the product was defective and caused harm, you generally cannot sue the manufacturer once this period has passed. There are very few exceptions to this rule, such as cases of fraudulent concealment by the manufacturer or certain toxic exposure claims.
Does Pennsylvania’s statute of repose apply to all products?
The statute of repose applies to most consumer products, but there are some exceptions. Construction materials, for example, may have different legal rules due to their long-term use in buildings and infrastructure. In some cases, products that cause toxic exposure, such as asbestos-containing materials, may not be strictly bound by the statute of repose.
Can I sue if a product was recalled but is more than 12 years old?
A product recall does not reset the statute of repose. If a manufacturer issues a recall after the product has been on the market for 12 years, and you suffer an injury after that point, you are still barred from suing under Pennsylvania’s statute of repose. However, if the manufacturer engaged in fraudulent concealment, meaning they knew about the defect and intentionally hid it from the public, you may be able to argue for an exception.
How does the statute of repose differ from the statute of limitations in Pennsylvania?
The statute of repose sets a strict cutoff based on when the product was first sold or placed into use. This means that even if an injury occurs within the standard statute of limitations for personal injury claims, the lawsuit may still be barred if the product is older than 12 years. The statute of limitations, on the other hand, begins at the time of injury and typically provides a window of time, such as two years, to file a claim.
Can I file a lawsuit if I discover a product defect after the 12-year repose period?
In most cases, no. The statute of repose does not take into account when you discovered the defect or when you were injured. The only potential way to extend the deadline is if the manufacturer intentionally hid the defect and prevented consumers from discovering it sooner.
Contact Fulginiti Law Today
Pennsylvania’s statute of repose places a strict 12-year deadline on product liability lawsuits. If you or a loved one has been injured by a defective product, it is essential to take action before the deadline expires.
Understanding these legal restrictions can prevent wasted time and ensure that victims know their rights. If you are unsure whether you still have a valid product liability claim, contact Fulginiti Law today to discuss your options. Acting quickly may be the difference between winning a case or having it dismissed due to an expired repose period.
