What Is The Deadline For Filing A Product Liability Lawsuit?

When a defective product causes serious injury, many people assume they can file a lawsuit whenever they decide to pursue legal action. In reality, the law places strict time limits on these claims.

In Pennsylvania, there is generally a limited amount of time for consumers to file a product liability claim. The length of the timeframe is called the statute of limitations.

Knowing how this deadline works is critical. Missing it can prevent an injured person from pursuing compensation, even when the product that caused the injury was clearly defective.

What Is Product Liability?

Product liability law holds manufacturers, distributors, and sellers responsible when unsafe products cause harm.

A product liability case may arise when a product has:

• A design defect, meaning the product was unsafe from the beginning
• A manufacturing defect, meaning something went wrong during production
• A failure to warn, meaning the product lacked adequate safety warnings or instructions

These cases can involve a wide range of products, including medical devices, prescription drugs, vehicles, household appliances, industrial equipment, and consumer goods.

When companies place dangerous products on the market, they can be held legally liable for the injuries that result.

What Is Pennsylvania’s Statute Of Limitations?

In Pennsylvania, the statute of limitations for most product liability claims is two years. This generally means that a lawsuit must be filed within two years of the date the injury occurred. If the case is not filed before that deadline expires, the court will usually dismiss it, regardless of how strong the underlying claim might be. Because of this strict rule, it is important for injured individuals to understand when the clock begins running.

What Is The Discovery Rule?

In some situations, the injured person may not immediately realize that a defective product caused their injury. For example, a medical device might fail months after implantation, or exposure to a dangerous chemical could cause illness years later. 

Pennsylvania law sometimes applies the discovery rule. Under the discovery rule, the statute of limitations may start when the person reasonably discovers, or should have discovered, that their injuries were caused by a defective product.

However, the discovery rule can be complicated and is often contested in court, which is why it’s important to consult an experienced product liability attorney if you believe you have a claim. 

What If A Defective Product Causes Death?

If a defective product causes a death, the deceased individual’s family may be able to pursue a wrongful death claim. In Pennsylvania, wrongful death lawsuits also generally must be filed within two years of the date of death.

These cases can seek compensation for financial losses, funeral expenses, and the loss of companionship suffered by surviving family members.

Why Acting Quickly Matters In Product Liability Cases

Even though two years may seem like a long time, product liability cases require extensive investigation, and that takes time. Attorneys often need to gather evidence such as:

• Product design documents
• Manufacturing records
• Safety testing data
• Expert analysis
• Medical records

In some cases, the defective product itself must be preserved and examined by engineers or safety specialists. Starting the investigation early helps ensure that critical evidence is not lost.

Speak With Ross Feller Casey About Your Product Liability Case

If a dangerous or defective product caused serious injury to you or someone in your family, it is important to understand your legal rights as soon as possible. You may be entitled to compensation for your injuries and the damage they caused. 

An experienced product liability attorney can review the facts of your case, explain how Pennsylvania’s statute of limitations applies, and determine whether a lawsuit may be appropriate. The attorneys at Ross Feller Casey represent individuals and families harmed by defective products, and we have a track record of winning large financial recoveries. A consultation can help clarify your options and ensure that important legal deadlines are not missed.

Contact us today to schedule your free consultation. We handle all of our product liability cases on a contingency basis. That means there are no out-of-pocket costs, and you won’t pay anything until there is a financial recovery in your case.