Pittsburgh Defective Product Lawyer

Defective Product Attorney in Pittsburgh, PA

American consumers and workers are protected by some of the toughest laws in the world regarding product safety. Before entering the marketplace, manufacturers are required to conduct product safety tests for safe design and use. However, if you’ve been injured by a faulty product because of a defect or insufficient warnings about known dangers, you need a Pittsburgh defective product lawyer to step in.

At Ainsman Levine, LLC, our team understands the complexities of defective product laws, and we’re ready to fight to get you the compensation you deserve.

The Basics of Pennsylvania’s Product Liability Laws

Product liability was up 71% in 2024, and understanding the fundamentals of product liability is important if you’re going to pursue a defective product case. These basics lay the groundwork for all defective product claims, as they define what a defect is, what types of products can lead to claims, and how the state evaluates liability. Most defective product claims involve three main categories of defect, and they are:

• Manufacturing defects. These occur when a mistake during production or assembly makes the item unsafe, even if the design is sound.
• Design defects. This is when the product was made according to plan, but the design itself is unsafe.
• Failure to warn or inadequate instructions. If a manufacturer doesn’t provide warnings or instructions about the risks of using a product, a consumer can hold them accountable.

Unlike negligence claims, defective product cases are subject to a strict liability framework, which means you don’t have to prove that the company was careless, only that the defect existed and resulted in harm. To prove that, you need evidence that showcases the defect, that the defect existed when the product left the control of the manufacturer, and that the defect caused the injury.

In addition, since the landmark case of Tincher v. Omega Flex, Pennsylvania juries might also evaluate a product defect by using either the consumer expectations test, where they examine if the product failed in ways a reasonable consumer wouldn’t expect, or the risk-utility test, where they examine if the benefits of the design outweigh the dangers.

If you’re unsure if your situation qualifies you to file a claim, a trusted Pittsburgh defective product attorney from Ainsman Levine, LLC, can help assess your case, explain your options, and guide you through the process to get the compensation you deserve.

What if You Weren’t Using the Product Correctly?

The courts have ruled that manufacturers are responsible for designing their products to be safe under normal use, for the stated purpose. If you were injured while using a product for its intended purpose under safe conditions, you may have a legitimate claim for damages in the state of Pennsylvania.

However, even if you were not using the product correctly when you were injured, you may still have a claim for damages if the product’s instructions, warnings, or labels were insufficient for you to understand how to safely use the product. It is important to call an experienced product liability attorney who understands all aspects of the complex product liability laws.

Toys and Children’s Products

Most toys and children’s products are manufactured overseas and sold in shops all over Pennsylvania. If your child suffered serious injuries due to a broken part or dangerous toy, crib, or clothing product, it may be difficult to determine who in the United States is responsible for your damages.

That said, the US company responsible for the distribution of the product in the United States may be held liable for damages. If it is an international corporation, the US subsidiary responsible for the product distribution could be liable.

FAQs

Q: How Long Do I Have to File a Defective Product Claim in Pennsylvania?

A: The length of time you have to file a defective product claim in Pennsylvania is generally within two years of the time of injury. However, there are exceptions depending on the specifics of your case, so it’s important that you reach out to us as soon as possible to avoid giving up your right to file.

Q: How Long Does a Defective Product Case Usually Take to Resolve?

A: The length of time it takes to resolve a defective product case can vary, as it depends on things like how complicated the case is, whether there are multiple parties involved, and how serious your injuries are. Some cases can be resolved in a few months, while others could take several years.

Q: Can I Still File a Claim if the Defective Product Was a Gift or a Secondhand Item?

A: Yes, you can still file a claim if the defective product was a gift or a secondhand item. The key issue is whether the product was defective and caused your injury, not who bought it first. So long as the product was used in a reasonably foreseeable way, you could have legal options.

Q: Do Defective Product Cases Always Go to Trial?

A: No, defective product cases don’t always go to trial. Many claims are resolved through settlement, especially when liability is clear and the case is straightforward. However, some cases need to go to trial if the parties dispute whether the defect existed or what caused the injury. Our team prepares each claim as if it’s going to trial.

Hire a Defective Product Lawyer: Get Help From Our Pittsburgh Product Liability Attorneys

At Ainsman Levine, LLC, our attorneys provide experienced and personalized legal services tailored to meet clients’ short and long-term needs and goals. We are Pittsburgh’s straight-talking personal injury lawyers.

We represent plaintiffs injured because of dangerous and defective products, including:

• Defective toys and dangerous children’s products
• Defective seat belts and airbags
• Defective home appliances, ovens, stoves, and heaters
• Dangerous power tools
• Defective and dangerous industrial equipment

Our offices are just off the Parkway, next to the City-County Building in downtown Pittsburgh. Contact us online or give us a call today at 412-338-9030 to discuss your questions and concerns during a free consultation with one of our experienced Pittsburgh parking lot injury attorneys. As long as you are represented by our law firm, there are no attorneys’ fees or costs if we do not recover money damages for you in a settlement or jury verdict.

We understand that your injuries or other circumstances may make it difficult for you to come to our offices in downtown Pittsburgh. Our lawyers can arrange to make home, office, and hospital visits throughout Western and Central Pennsylvania.