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Pennsylvania's premises liability laws hold businesses and individuals liable for injuries they cause. Depending on the specifics of your case, you may be entitled to economic damages, non-economic damages, wrongful death damages, and possibly punitive damages if you file a premises liability claim.
In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.
These are manufacturing defects, design defects, and marketing defects, also known as failures to warn. In addition to proving the existence of the defect, the consumer will need to show that the defect caused their injury.
Second, 42 PA Con. Stat. §5536, referred to as the ?statute of repose,? prohibits an injured person from filing a product liability claim more than 12 years after they originally purchased the product in question.
The statute of limitations for product liability claims is generally two years in Pennsylvania. This means at you will have two years from the date of your injury after being injured by a defective product.
If a product was defective when it left the defendant's control, the defendant is liable for the harm caused by the defect. This is true even if the defendant took all possible care in the design, manufacture, distribution, lease, or sale of the product. Pennsylvania calls this strict liability.
In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.