By Ken Fulginiti | Founder, Fulginiti Law
At Fulginiti Law, we understand the profound impact defective products can have on your life. Whether it’s a malfunctioning car part, unsafe industrial equipment, or a dangerous medical device, these failures can cause serious injury, disrupt your livelihood, and shake your family to its core. Our mission is simple: hold negligent companies accountable and secure the compensation you deserve — while advocating for safer products to prevent future harm.
PRODUCT LIABILITY IN PHILADELPHIA PA?
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What Is Product Liability?
Product liability law holds every party involved in making or selling a defective product responsible when it causes injury. This includes manufacturers, distributors, retailers, and even installers. Since the supply chain can be complex, determining liability requires experience and a detailed investigation — which is exactly what we provide at Fulginiti Law.
One thing that sets product cases apart from ordinary injury claims: in Pennsylvania, you generally do not have to prove the manufacturer was careless. Under strict liability, a company that sells a defective product is responsible for the harm it causes. New Jersey reaches a similar result through its Products Liability Act.
Types of Product Defects
Products can be defective in one of three main ways:
- Design defects: A fundamental flaw in the product’s design makes it inherently unsafe — even if manufactured perfectly. Example: SUVs with a high rollover risk due to poor weight distribution.
- Manufacturing defects: Mistakes during production cause an otherwise safe design to fail. Example: Faulty brake pads wearing out prematurely and causing accidents.
- Marketing defects (failure to warn): Products lacking adequate warnings or instructions about risks and safe use. Example: Cleaning products without clear labels warning about toxic fumes.
Pinpointing which type of defect caused your injury is the first strategic decision in the case, because each type is proved differently — design cases turn on engineering analysis, manufacturing cases on what went wrong on the line, and warning cases on what the company knew and when.
Pennsylvania Product Liability Law
Pennsylvania is a strict-liability state, but the design-defect test changed in Tincher v. Omega Flex, Inc., 106 A.3d 1259 (Pa. 2014). Under Tincher, a plaintiff can prove a design defect under either of two tests:
- The consumer-expectations test: the product is dangerous beyond what an ordinary consumer would expect, considering the product’s intended and reasonably foreseeable uses.
- The risk-utility test: the probability and seriousness of the harm outweigh the burden or cost of taking precautions — in other words, a safer alternative design was feasible and the manufacturer should have used it.
The plaintiff chooses which theory to present, and the question of defect goes to the jury — giving injured Pennsylvanians two paths to hold a manufacturer accountable.
New Jersey’s Products Liability Act
In New Jersey, product claims are governed by the Products Liability Act, N.J.S.A. 2A:58C-1 to -7, which consolidated manufacturing defect, design defect, and failure-to-warn claims into a single statutory cause of action — the exclusive remedy for product-caused harm.
Under the Act, a manufacturer or seller is liable when the product was not reasonably fit, suitable, or safe for its intended purpose. Design-defect claims apply a risk-utility analysis, while failure-to-warn claims focus on whether adequate warnings would have made the product reasonably safe. Because I handle cases on both sides of the Delaware River, I build each claim under the law of the state where it will actually be filed — the standards are related, but they are not identical.
Common Defective Products We Handle
- Automobiles & vehicle parts: Faulty airbags, brakes, tires, seatbelts, and electronic stability systems.
- Industrial equipment: Cranes, forklifts, and power tools with defective safety features — a frequent source of catastrophic workplace injuries.
- Medical devices & pharmaceuticals: Hip implants, pacemakers, surgical mesh, hernia mesh, and medications with undisclosed side effects.
- Home appliances & electronics: Space heaters causing fires, microwaves with faulty wiring, and lithium-ion batteries that overheat or explode.
- Fall protection & safety gear: Ladders, scaffolding, and helmets that fail to protect when it matters most.
- Children’s products & toys: Strollers with faulty brakes, toys posing choking hazards, and nursery products linked to infant injuries.
Injuries Caused by Defective Products
Injuries vary widely depending on the product and defect:
- Burns & fires: From overheating appliances or faulty electronics.
- Head & traumatic brain injuries: From defective helmets or fall protection gear.
- Fractures & orthopedic injuries: From falls due to defective ladders or vehicle crashes.
- Lacerations & amputations: From power tools or industrial machinery without proper safeguards.
- Internal injuries: From malfunctioning medical devices or toxic pharmaceuticals.
- Respiratory issues & toxic exposure: From inhaling fumes or exposure to hazardous chemicals.
- Poisoning & allergic reactions: Due to mislabeled food, medications, or cosmetics.
- Fatal injuries & wrongful death: Resulting in a family’s right to compensation for their loss.
PRODUCT LIABILITY IN PHILADELPHIA PA?
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Who Can Be Held Liable?
Liability can fall on anyone in the chain of distribution:
- Manufacturers (design, production)
- Distributors (damaged or mishandled products)
- Retailers (selling unsafe products)
- Wholesalers
- Service providers or installers (improper assembly or repair)
- Third-party component makers (a defective part inside someone else’s finished product)
Under strict liability, an injured consumer can generally pursue any seller in that chain — you do not have to chase the defect back to the factory floor yourself. Tracing the product from the store shelf back to the companies that designed and built it is our job.
Proving a Product Liability Claim
To win, we must prove the product was defective, the defect caused your injury, and you were using the product in a foreseeable way. That takes a different kind of investigation than a car-accident case:
- Preserving the product itself — the single most important piece of evidence. Do not throw it away, repair it, or return it.
- Engineering experts who can identify the defect, rule out misuse, and testify about safer alternative designs.
- Medical experts who connect the defect to your specific injuries.
- Corporate documents — design files, testing records, and complaint histories obtained in discovery, which often show the company knew of the danger.
- Regulatory history — prior recalls, adverse-event reports, and agency investigations involving the same product.
Manufacturers defend these cases aggressively with their own experts. We answer with qualified specialists of our own and prepare every case as if it will be tried — that preparation is what drives full-value settlements.
Recalls and Government Oversight
Several federal agencies track dangerous products, and their records often become key evidence:
- The U.S. Consumer Product Safety Commission (CPSC) oversees recalls of consumer products — from children’s toys to appliances — and maintains a public database of recalls and consumer complaints at cpsc.gov and SaferProducts.gov.
- The National Highway Traffic Safety Administration (NHTSA) handles vehicle and auto-part recalls and defect investigations.
- The Food and Drug Administration (FDA) regulates medical devices and pharmaceuticals, tracking adverse events and issuing recalls.
But a recall is not required for a lawsuit — and a recall does not automatically win one. Many valid claims involve products that were never recalled. What matters is whether the product was defective and caused your injury, not whether a federal agency has acted yet.
What Compensation Can You Recover?
- Economic damages: Medical bills, lost wages, property damage.
- Non-economic damages: Pain and suffering, emotional distress.
- Punitive damages: When conduct was reckless or intentionally harmful — for example, when a company knew about a defect and sold the product anyway.
Pennsylvania and New Jersey Filing Deadlines
In Pennsylvania, you generally have two years from the date of injury to file a product liability lawsuit (42 Pa.C.S. § 5524). New Jersey also generally allows two years for claims under its Products Liability Act (N.J.S.A. 2A:14-2). Exceptions include the discovery rule — important for defective drugs and implanted devices whose harm emerges later — special rules for minors, and shorter notice deadlines for claims against government entities. Missing a deadline ends the case, so speak with a lawyer early.
What To Do If You’re Injured by a Defective Product
- Get medical help immediately.
- Document everything thoroughly.
- Preserve the defective product and packaging. Do not discard, repair, alter, or return it — it is the central evidence in your case. Keep the box, manual, and receipt if you have them.
- Take photos. Photograph the product, the defect, your injuries, and the scene.
- Write a detailed account of the incident. Include witnesses if possible.
- Report the issue to the manufacturer or retailer. Keep copies of all correspondence.
- Research recalls or related complaints. Check cpsc.gov, nhtsa.gov, and the FDA’s databases — you might also learn whether others were harmed the same way.
- Don’t talk to insurance adjusters without legal advice. They often try to minimize claims.
- Consult a product liability lawyer right away. Time limits apply, and early investigation preserves evidence.
- Track your recovery and legal case progress carefully.
Notable Results
Fulginiti Law has recovered significant verdicts and settlements for victims of defective products across Pennsylvania and New Jersey, including:
$10.3 Million · $9.9 Million · $7 Million
Read more about these results
$10.3 Million — Verdict and Settlement
Ken and Sarah obtained a $10.3 million verdict and settlement in a product liability action involving a portable stove that malfunctioned, allowing gas to escape and resulting in burns to a 53-year-old farmer.
$9.9 Million — Settlement
Ken and Sarah obtained a nearly $10 million settlement for a young man who fell from a stationary vehicle, falling only feet but resulting in a traumatic brain injury. The case was especially challenging as the plaintiff had no recollection of the day’s events and there were no witnesses.
$7 Million — Policy Limits Settlement
This policy limits settlement was reached after significant discovery establishing that a product customarily used by marble and stone quarries and finishers was defective in design, allowing a marble slab to fall on the plaintiff.
Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
Contact Fulginiti Law Today
If you or a loved one has been injured by a defective product, do not wait to seek legal help. Product liability cases are time-sensitive, and delays could impact your ability to recover compensation. Contact Fulginiti Law today to schedule your free consultation. Let us fight for your rights and ensure that negligent parties are held accountable. We are committed to helping you recover the compensation you deserve and protecting others from future harm.
Our attorneys have addressed common questions about product liability cases on video: the three main types of product defects, key elements needed to prove a product liability claim, and how expert witnesses contribute to product liability cases.
Related Product Liability Pages
Pennsylvania Product Liability FAQs
These answers provide general information about Pennsylvania claims. The law that applies depends on the facts and the claim involved.
How long do I have to file a Pennsylvania product liability claim?
Pennsylvania generally sets a two-year filing period for personal injury claims, but the correct deadline depends on the claim and its facts. Rules affecting when a claim accrues, injuries to minors and other exceptions require a separate review. Do not assume that an insurer’s investigation, ongoing treatment or a request for records extends the filing period.
Bring the incident and treatment dates to an early consultation, together with the product, packaging, purchase records and photographs showing its condition. If a public entity, another state or a child is involved, identify that at the outset. A lawyer can check the applicable deadlines before you decide whether to pursue a claim. Waiting for a final medical prognosis can leave too little time to investigate.
Sources: Pennsylvania personal injury filing period — 42 Pa.C.S. § 5524; Pennsylvania minority and incapacity rules — 42 Pa.C.S. § 5533
What records should I keep for a product liability consultation?
Keep the product, packaging, purchase records and photographs showing its condition, along with dated notes describing what happened and how the injury affects daily life. Preserve originals where possible and make copies rather than altering documents or electronic files. The useful evidence depends on the disputed issue; a photograph may help establish the circumstances while treatment records help explain the resulting injury.
Patients generally can request their existing medical and billing records from HIPAA-covered providers, subject to exceptions. A lawyer can identify additional evidence that must be requested from someone else through appropriate legal procedures. You do not need to collect every record before calling, and you should not put yourself at risk or interfere with treatment to obtain evidence.
Sources: HHS — health information patients can access; Pennsylvania Rule 4003.1 — discovery of relevant evidence
What compensation may be available in a product liability case?
A supported injury claim may include medical costs, lost income and compensation for the injury’s effect on your life. The available categories depend on the legal claim and the evidence. Pennsylvania’s jury-instruction rule recognizes noneconomic losses such as pain, suffering, disfigurement and loss of enjoyment; identifying a category does not establish its value in a particular case.
For a product liability claim, keep bills and work records and explain which activities you can no longer perform or can perform only with help. Medical and other qualified experts may be needed to address disputed future losses. A case assessment should connect each requested amount to evidence rather than applying a standard multiplier or treating a previous settlement as a price list.
Sources: Pennsylvania Rule 223.3 — noneconomic injury losses; Pennsylvania Rule 4003.5 — expert testimony and reports
Can a product liability claim include future care needs?
Future care can be part of an injury assessment when the evidence supports the need and connects it to the event at issue. A current bill alone cannot show the treatment, equipment or assistance that may be needed years later. Medical recommendations and, where appropriate, qualified expert analysis help distinguish established needs from possibilities that remain uncertain.
Tell your lawyer about changes in your care plan, work restrictions and daily assistance after the event. Keep treatment and billing records so the assessment can be updated as your condition becomes clearer. Ask how the proposed valuation addresses future needs and which assumptions still require proof. No diagnosis, estimate or prior result guarantees that a court or insurer will accept the requested amount.
Sources: HHS — health information patients can access; Pennsylvania Rule 4003.5 — expert testimony and reports
Do I need a recall before pursuing a defective product claim?
No, a recall is not a prerequisite to evaluating a product liability claim. A recall may provide relevant information, but a civil claim still needs evidence about the particular product, defect and resulting harm. Pennsylvania product liability standards require their own analysis, and a recall notice is not a finding that every owner has a compensable claim.
Check the product’s identifying details against the actual notice and keep a copy of the notice and purchase records. Follow applicable safety instructions and discuss safe preservation of relevant evidence with counsel. The absence of a recall does not establish that a product was safe. The investigation should address the unit involved in your incident and the supported explanation for its failure.
Sources: Pennsylvania Supreme Court — Tincher v. Omega Flex; CPSC — recalls and product safety warnings
Should I keep a product that may have caused an injury?
Keep the product and related packaging or instructions when they can be preserved safely, and obtain guidance before testing, repairing, returning or discarding important evidence. Do not continue using a potentially dangerous item or ignore a safety instruction simply to retain it. Counsel can help arrange an appropriate preservation and inspection process.
Photographs, purchase records, product identifiers and information about alterations or repairs may help explain what happened. Expert analysis can address whether the condition reflects a defect, damage from the incident or another cause. If an item has already been returned or discarded, tell your lawyer and keep the records that remain. Missing physical evidence can complicate an investigation but should be discussed rather than concealed.
Sources: Pennsylvania Rule 4003.5 — expert testimony and reports; CPSC — recalls and product safety warnings
How are design, manufacturing and warning issues different?
They concern different explanations for why a product may have been unsafe. A design issue concerns the product’s planned features; a manufacturing issue concerns how a particular product was made; a warning issue concerns instructions or risk information. The legal standards and evidence vary, so those labels alone do not establish liability.
A review may examine the product, available specifications, comparable units and the warnings supplied to users. Expert analysis can help identify which theory the evidence supports and how the issue connects to the injury. Pennsylvania’s product liability decisions should be applied to the actual claim rather than summarized as automatic liability whenever a product causes harm. More than one theory may require evaluation.
Sources: Pennsylvania Supreme Court — Tincher v. Omega Flex; Pennsylvania Rule 4003.5 — expert testimony and reports
Can a workplace equipment injury involve product liability?
Yes, a workplace equipment incident may justify evaluating a claim against a manufacturer or another responsible third party in addition to workers’ compensation. The evidence must establish the relevant product issue and its connection to the injury. Equipment involvement alone does not show a defect, and the employer relationship requires separate analysis.
Identify the equipment, owner, manufacturer and any modifications or maintenance you know about. Keep incident and benefit records and avoid altering the equipment before an appropriate inspection is arranged. Pennsylvania compensation law addresses reimbursement from certain third-party recoveries, which can affect a settlement assessment. The product claim, employment issues and benefits should be reviewed together without assuming that one process replaces the others.
Sources: Pennsylvania Supreme Court — Tincher v. Omega Flex; Pennsylvania Workers’ Compensation Act — Section 319
Does reporting a dangerous product to CPSC file a lawsuit?
No, a report to the Consumer Product Safety Commission does not file a civil injury lawsuit or preserve its deadline. The SaferProducts reporting process helps the agency receive information about potentially dangerous consumer products. A report and any agency response may be useful records, but they do not decide your individual compensation claim.
Keep a copy of the report and describe the product and incident accurately. Read the reporting process’s privacy and publication choices before submitting information. If you are considering an injury claim, discuss the product evidence and filing deadline separately with counsel. An ongoing agency review, a public database entry or a potential future recall should not be treated as an extension of time to bring suit.
Sources: CPSC SaferProducts — incident reporting; Pennsylvania personal injury filing period — 42 Pa.C.S. § 5524
Fulginiti Law offers a free consultation to discuss the circumstances of an injury and whether the firm can help. For a product liability inquiry, be ready to describe the event, your treatment and any communications from an insurer or another lawyer. You can start with the records you already have; an initial call is not a requirement to complete your own investigation.
Ask what information the firm needs next, who would handle the matter and how fees and expenses would be addressed in any engagement agreement. Tell the team promptly about approaching deadlines or papers you have received. Contacting a firm does not by itself file a lawsuit or extend a legal deadline, so confirm whether representation has been accepted and what steps will follow.
Sources: Fulginiti Law — contact and free consultation; Pennsylvania personal injury filing period — 42 Pa.C.S. § 5524
PRODUCT LIABILITY IN PHILADELPHIA PA?
GET A FREE CONSULTATION.
