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Pennsylvania Products Liability Questionnaire

Category:
Civil Actions - Products Liability
State:
Multi-State
Control #:
US-Q1034
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a product liability matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Products Liability Questionnaire
  • Preview Products Liability Questionnaire
  • Preview Products Liability Questionnaire
  • Preview Products Liability Questionnaire

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FAQ

In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.

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.

The Consumer Expectations Test under Tincher 2d 590 (Pa. 1987), ??a product may be found defective in design if it failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.? Citing Barker v. Lull Engineering Co., 20 Cal. 3d 413, 143 Cal.

In legal disputes regarding product liability, a risk-utility test is used to determine whether a product's design or warning is defective, thereby making the manufacturer liable for injuries caused by its product.

As a necessary basis for its ruling, the court acknowledged that Pennsylvania recognizes the malfunction theory of products liability. Success under this theory requires evidence of an occurrence of a malfunction, evidence eliminating abnormal use and evidence eliminating reasonable secondary causes.

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.

There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.

4 Elements You Need to Prove in a Product Liability Case There was an actual loss of property, injury, or death. ... The product was defective. ... The defect causes your property loss or injury. ... You used the product as a reasonable individual would have.

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Pennsylvania Products Liability Questionnaire
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