What Makes a Product “Defective” Under the Law
Not every accident involving a product leads to a strong legal claim. To qualify as a defective product case, a few core ideas must come together.
First, the product must have a defect in design, construction or warnings. Second, that defect must have existed when the product left the company’s control. Third, the product must have been used in a reasonably foreseeable way. Finally, the defect has to be a factual cause of your injuries.
Pennsylvania law allows injured people to bring claims against any business in the chain of commerce, including designers, manufacturers, component suppliers, distributors and retailers. Your lawyer looks at each link in that chain to see who made key safety decisions and who should be held responsible.
Real-World Examples of Product Liability Cases
Defective products show up in many places. A few common patterns include:
A vehicle with faulty brakes, steering or airbags leading to a crash or making a collision far worse than it should have been
A workplace machine that lacks proper guarding or restart protection, pulling a worker’s hand, hair or clothing into moving parts
A power tool that kicks back, shatters or delivers an unexpected jolt due to poor design or cheap components
A household appliance or electronic device that overheats, sparks or catches fire during normal use
A medical device that fractures, migrates or fails, leading to repeat surgeries or new complications
In each example, a Delaware County product liability lawyer would dig into how the product was designed, what tests were run, what the company already knew about prior failures and what safer choices were available at the time.
How a Delaware County Product Liability Lawyer Builds Your Case
Defective product cases are evidence-driven. Your lawyer’s job is to gather and protect key information before it disappears. That process often includes securing the product and any broken pieces so independent experts can examine them; collecting manuals, packaging, marketing materials and receipts; reviewing recall databases, complaint histories and industry safety bulletins; interviewing witnesses who saw the product fail or can describe how it was being used; and working with engineers, safety specialists and medical professionals to explain both the defect and the injury.
Because Schuster Law has handled many complex injury matters over decades of practice, the firm is equipped to manage the cost and complexity of this kind of investigation, including litigation against large manufacturers and their insurers.
The Schuster Law Step-By-Step Approach
When you contact a product liability lawyer in Delaware County, the process usually unfolds in several stages.
You start with a free consultation where the attorney listens to what happened, reviews any photos and documents you have and gives you an honest assessment of whether the facts support a product case.
If the firm moves forward, it sends preservation letters to manufacturers and others to keep important evidence from being destroyed. It also arranges expert inspections and begins gathering medical and employment records.
As the picture becomes clear, your lawyer files a lawsuit in the appropriate Pennsylvania court, names the responsible corporations and begins formal discovery, where both sides exchange documents and take depositions under oath.
Along the way, the attorney may negotiate with insurers and defense counsel, presenting expert reports and damage calculations to support settlement discussions. If a fair resolution is not offered, the firm prepares for trial and presents your case to a judge and jury.
Throughout, you receive updates, have your questions answered and are involved in major decisions, but you are not the one dealing directly with the corporate defense teams.
What Your Claim Can Seek to Recover
Serious injuries from defective products can lead to more than just a single hospital bill. A well-prepared product liability claim can seek compensation for emergency care, hospital stays, surgeries, medications and rehab; long-term treatment needs; medical devices and future procedures tied to the injury; income lost while you are off work, as well as harm to your ability to earn a living in the future; out-of-pocket expenses like travel for treatment and home health help; and pain, emotional distress, scarring and loss of enjoyment of life.
Families bringing claims after a fatal product-related incident may also pursue wrongful death and survival damages to recognize their financial and personal loss.
Why Timing and Evidence Matter
Time is not your friend in a product case. Most states, including Pennsylvania, have limitation periods that cut off claims if a lawsuit is not filed in time. Evidence problems also get worse as days pass: products are repaired or thrown away, accident scenes change, witnesses move and memories fade.
If you suspect a defective product played a role in your injury, there are a few early steps that help protect your rights:
Get prompt medical attention and explain that a product was involved so it is noted in your records
If safe, keep the product and all its parts in a secure place; do not agree to ship it back to the manufacturer without legal advice
Hold on to receipts, manuals, packaging and any recall notices
Write down your memory of what happened while details are fresh
Then, speak with a product liability lawyer who practices in Delaware County. A short conversation can clarify whether your situation is likely to support a claim and what the next steps should be.
Common Questions Around Product Liability Lawyers in Delaware County, PA
Do I have a case if there has not been a recall?
Yes, many valid product claims involve items that were never formally recalled. A recall can help a case, but it is not required.
What if I modified the product?
Minor or common-sense changes do not always defeat a claim, especially if the product was still used in a foreseeable way. Larger alterations make the case more complex and must be reviewed carefully.
Can I sue the store where I bought the product?
Often, yes. Retailers can be part of the chain of responsibility. Your lawyer will typically include them along with the manufacturer and any key distributors.
Will filing a product case change future versions of the product?
A single lawsuit cannot guarantee change, but a pattern of claims, verdicts and regulatory attention often pushes companies to redesign, add warnings or remove unsafe products from the market.
How much does it cost to hire a product liability lawyer?
Most firms, including those handling defective product cases in Delaware County, work on a contingency fee. You do not pay attorney’s fees unless there is a recovery, and the fee comes from a percentage of that recovery.
