Product Liability Lawyer in Lancaster, PA
If a defective product has left you injured, you should not have to bear the financial and physical consequences alone. Manufacturers, distributors, and retailers have a legal obligation to ensure the products they bring to market are safe. When they fail, a product liability lawyer can help you hold them accountable and pursue the compensation you deserve.
At May Herr & Grosh LLP, we represent individuals in Lancaster, PA, and throughout Lancaster County who have been harmed by unsafe or defective products. Our attorneys understand the legal complexity of these claims and the resources required to take on large corporations and their insurers.
Why Do You Need a Product Liability Attorney for Your Claim?
Product liability cases are not standard personal injury matters. They involve a distinct body of law, multiple potentially liable parties, and significant investigative demands that set them apart from other injury claims.
When a defective product causes harm, liability may extend across the entire chain of distribution. That includes the manufacturer who designed or produced the item, the wholesaler who distributed it, and the retailer who sold it to the public. Identifying the right parties, gathering technical evidence, and building a case strong enough to withstand a well-funded corporate defense requires focused legal experience.
Large manufacturers and their insurance carriers are not passive when defending these claims. They have teams of attorneys and experts whose job is to minimize or deny your recovery. Having a product liability attorney at May Herr & Grosh LLP in your corner helps level that playing field.
Types of Product Defects We Handle
Pennsylvania product liability law recognizes three primary categories of product defects. Understanding which type applies to your situation is an important first step in building your claim.
Manufacturing Defects
A manufacturing defect occurs when an error during the production process causes a specific product to deviate from its intended design. The product may have been safely designed, but something went wrong during assembly, or substandard materials were used in its construction. The result is a product that leaves the factory in a condition that poses an unreasonable risk of harm.
Examples include a batch of medication contaminated during production, a vehicle component installed incorrectly during assembly, or a piece of equipment made with inferior metals that fail under normal use.
Design Defects
A design defect exists when the product’s blueprint itself is inherently dangerous, even when the item is manufactured exactly as intended. In other words, every unit of that product, built correctly and used as directed, poses an unreasonable risk to users.
Pennsylvania courts apply several standards when evaluating design defect claims, including the consumer expectation test and the risk-utility test. An attorney at May Herr & Grosh LLP can evaluate the facts of your case and explain which legal standard may apply.
Marketing Defects (Failure to Warn)
A marketing defect, also called a failure-to-warn claim, arises when a product lacks adequate instructions, warnings, or safety information. Even a well-designed, properly manufactured product can become unreasonably dangerous if users are not given the information they need to use it safely.
This category includes missing warning labels on hazardous chemicals, inadequate dosage instructions on medications, or the failure to disclose known risks associated with a device or tool.
Proving Liability in Pennsylvania Product Liability Lawsuits
Pennsylvania recognizes two primary legal theories for holding parties accountable in a defective product lawsuit: strict liability and negligence.
Strict Liability
Under Pennsylvania’s strict liability doctrine, a plaintiff does not need to prove that the manufacturer was careless or acted with intent. The focus is on the product itself. If the product was defective and that defect caused your injury, the manufacturer or seller may be held liable regardless of the level of care they used during production or distribution.
Pennsylvania courts have applied strict liability principles derived from the Restatement (Second) of Torts, Section 402A, and more recently have considered the Restatement (Third) of Torts in certain design defect and failure-to-warn claims. This is a nuanced area of Pennsylvania law, and the applicable standard can depend on the type of defect at issue.
Negligence
A negligence claim requires demonstrating that a party in the chain of distribution failed to exercise reasonable care, and that failure caused your injury. This may include a manufacturer who ignored known risks, a distributor who stored products improperly, or a retailer who continued selling an item after receiving safety complaints.
Both theories may be available in a given case, and pursuing the right strategy depends on the specific facts of the injury and the product involved. May Herr & Grosh LLP can assess your circumstances and explain how Pennsylvania law may apply to your situation.
Potential Compensation for Defective Product Victims
A successful product defect compensation claim may allow you to recover damages across several categories, including:
- Medical expenses, both past and future, including emergency treatment, surgeries, rehabilitation, and ongoing care
- Lost wages and diminished earning capacity if the injury has affected your ability to work
- Pain and suffering resulting from the physical impact of the injury
- Mental anguish and emotional distress
Punitive damages, which may be available in cases where a manufacturer’s conduct was grossly negligent or reckless and a court determines that punishment beyond compensatory damages is warranted
The value of any individual claim depends on the severity of the injury, the strength of the evidence, and the specific facts involved. No outcome can be guaranteed, but an attorney can review your situation and help you understand what recovery may be available.
Why Choose May Herr & Grosh LLP
May Herr & Grosh LLP has served individuals and families in Lancaster County since 1929. Our attorneys bring decades of combined legal experience to personal injury and product liability matters, and we are committed to the Lancaster community we have called home for nearly a century.
When you work with our firm, you receive:
- Personalized attention from an attorney who understands your case, not just its category
- Direct communication and clear guidance at every stage of the process
- A team that is prepared to take on manufacturers and insurers who have significant resources
- Representation on a contingency fee basis. You do not pay attorney fees unless we recover compensation on your behalf.
We understand that an injury caused by a defective product is not just a legal matter. It disrupts your life, your finances, and your health. Our goal is to help you move forward with clarity and confidence.
Frequently Asked Questions
Product liability claims raise questions that most people have never had to consider before. The answers depend on the specific facts of your situation, but the following questions address some of the most common concerns we hear from prospective clients in Lancaster County. If your question is not answered here, contact May Herr & Grosh LLP directly to discuss the details of your case.
How long do I have to file a product liability claim in Pennsylvania?
In Pennsylvania, the statute of limitations for most product liability claims is two years from the date of injury. Missing this deadline will generally bar you from pursuing compensation, regardless of how strong your case may be. If you have been injured by a defective product, it is important to speak with an attorney as soon as possible to protect your rights.
Source: 42 Pa. C.S. Section 5524
Do I need to prove the manufacturer was negligent to win?
Not necessarily. Pennsylvania recognizes strict liability in product defect cases, which means you may be able to hold a manufacturer or seller accountable by proving the product was defective and that the defect caused your injury, without needing to prove the manufacturer acted carelessly. The specific legal theory that applies will depend on the type of defect at issue and the facts of your case.
Can I still pursue a claim if I was not the original purchaser of the product?
In many circumstances, yes. Pennsylvania product liability law does not necessarily require that you purchased the product yourself. If you were injured while using the product as a bystander, a borrower, or a secondhand owner, you may still have a viable claim. An attorney at May Herr & Grosh LLP can evaluate whether you have standing to pursue compensation based on your specific situation.
What should I do with the defective product after an injury?
Preserve the product and do not repair, dispose of, or return it. The physical product is critical evidence in any product liability case. Store it in a safe location exactly as it was at the time of the injury, and take photographs if you have not already done so. You should also retain any packaging, instructions, receipts, or documentation that came with the product. Speak with an attorney before taking any action that could alter or destroy this evidence.
Get A Free Case Evaluation
If you or a family member has been injured by a defective product, do not wait to explore your legal options. The team at May Herr & Grosh LLP is ready to review your circumstances and help you understand what steps are available to you in this type of personal injury claim.
Contact our Lancaster, PA office to schedule an evaluation and find out if you have a case today.
