This is a multi-state form covering the subject matter of the title.
Pennsylvania Complaint For Loss Due To Product Defect and For Discovery
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State:
Multi-State
Control #:
US-000283
Format:
Word;
Rich Text
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How to fill out Complaint For Loss Due To Product Defect And For Discovery?
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FAQ
A defective product is a consumer good that causes injury or illness and as such constitutes grounds for a lawsuit to recover damages. Someone harmed by a product defect has a right to take legal action to recover medical costs, loss of income and more. This legal action is often called a product liability claim.
Under the 1991 Act a product is defective where it fails to provide the safety a person is entitled to expect, taking all circumstances into account, including the presentation of the product, the use to which it can be reasonably be expected to be put, and the time it was put into circulation.
Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Because of this, there is what is known as the Product Liability Law. This law provides the victims of dangerous products with legal recourse in the event of any injuries.
If the product is faulty then the liability for any harm caused by the product lies with the manufacturer.
With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
Risk of harm may be created because the product was deficiently designed, mis-manufactured, or sold with inadequate warnings or instructions for safe use. The entity committing the negligent act may be liable for injuries and damages caused as a result of that negligence.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
The Pennsylvania Statute of Limitations states that a claim for an injury must be filed within two years of the injury. With the Discovery Rule, ?failure to diagnose? cases can scramble the statute of limitations and reconsider the timeline in which a victim would have to act.