Scranton Product Liability Lawyer

A product liability claim in Scranton occurs when a defective product causes injury rather than functioning as designed, whether it is a collapsed ladder, an inadequately labeled medication, or a machine that failed on the job. The key issue isn’t just what went wrong; it’s identifying who in the manufacturing and distribution chain is responsible. Liability may extend to the manufacturer, distributor, or retailer, depending on whether the issue stems from a design flaw, a manufacturing error, or a failure to warn.

At Scartelli Olszewski, P.C., Melissa A. Scartelli brings over two decades of experience in serious injury litigation. She is a board-certified Civil Trial Advocate by the National Board of Trial Advocacy. Super Lawyers has recognized her for 17 consecutive years, with specific recognition in the Products Liability category.

If you are unsure if you have a claim, the most important factors are what happened, the product involved, and whether you still possess it. Call (570) 346-2600 for a free case review or request a free consultation online. We will tell you whether you have a claim and what to do with the product before anything else.

• Super Lawyers recognition for 17 consecutive years (2010-2026). Recognized in the Products Liability category
• Led by Melissa Scartelli, a Board Certified Civil Trial Advocate, a certification held by only a small number of Pennsylvania women
• A former Judge and District Attorney on our team
• 100+ combined years of attorney experience across personal injury, including product liability claims
• 4.7 stars on Google from verified clients
• Free case review. Available 24/7. Zero upfront cost.

Types of Product Defects: Design, Manufacturing, and Failure to Warn

Product liability is a legal claim against a party in the chain of manufacture or distribution when a defect in their product causes injury. Pennsylvania law recognizes three distinct ways a product can be defective, and the type of defect determines who is responsible and what evidence proves your case.

Design Defects

A design defect exists when a product is unreasonably dangerous even though it was manufactured exactly as intended. The danger is built into the blueprint, not a manufacturing error, which means every unit of that product carries the same risk. A space heater designed without a tip-over shutoff, or a ladder designed with an unstable base, are both design defect claims against the company that engineered the product, not just the one that assembled it.

Manufacturing Defects

A manufacturing defect occurs when a specific unit or batch deviates from its intended design during production, even though the design itself was safe. A contaminated batch of medication or a car with a brake line that was never properly connected on the assembly line are manufacturing defect claims. These cases often turn on batch or lot numbers, which is one reason we tell clients not to discard the product or its packaging.

Failure-to-Warn Defects (Marketing Defects)

A failure-to-warn defect, also called a marketing defect, exists when a product carries a danger that is not obvious to an ordinary user and the manufacturer did not provide an adequate warning or instruction. A prescription drug that does not disclose a serious interaction risk, or a cleaning product that does not warn against mixing it with common household chemicals, are both failure-to-warn claims.

Identifying which of these three applies to your injury changes who we pursue and what expert testimony your case needs. Call (570) 346-2600, and we will identify it for you.

How We Handle Product Liability Cases in Scranton

You do not need to know whether your injury came from a design flaw, a manufacturing error, or a missing warning label before you call us. That is our job to determine, and it is the first thing we do on every product liability case:

• Every investigation starts with retained engineering and safety experts, not guesswork
• Every liable party in the manufacturing and distribution chain gets identified, not just the retailer whose name is on the receipt
• We handle every negotiation with the manufacturer, distributor, and their insurers directly, so you are not on the phone with them
• The product and the scene of your injury get preserved and documented before that evidence disappears
• We prepare every case for trial at the Lackawanna County Court of Common Pleas from the first phone call, which is why insurers negotiate differently with us

If a product hurt you or someone in your family, call (570) 346-2600 and tell us what happened. We will tell you the same day whether we can take your case.

Defective Products That Most Often Cause Injury Claims in Scranton

In 2024, an estimated 15.1 million people received emergency department treatment for injuries linked to consumer products, many involving everyday items typically considered safe. (National Safety Council’s analysis of U.S. Consumer Product Safety Commission data).

Defective product claims in Scranton most often involve one of four categories:

• Medical Devices: Implants, surgical instruments, and equipment that fail or malfunction after a procedure
• Workplace and Industrial Equipment: Machinery, power tools, and equipment that injure workers on the job, independent of any workers’ compensation claim
• Household Appliances and Consumer Goods: Defective kitchen appliances, space heaters, and electronics that malfunction, overheat, or catch fire
• Children’s Products: Toys, car seats, and juvenile products with hazards that are not disclosed or that fail under normal use

A defective product on the job is one of the categories we see most often, and it is not limited to a workers’ compensation claim: if a piece of equipment itself was defectively designed or manufactured, the equipment’s maker can be independently liable regardless of what workers’ compensation covers.

A prescription drug that harms you because of a manufacturing flaw or an inadequate warning label is its own category of claim, with its own evidence and expert requirements; our Scranton defective drug attorneys handle those cases in depth. 

When the harm comes from how a prescription was filled rather than the drug itself, that is a pharmacy dispensing error, and our Scranton pharmacy error lawyers cover that distinct claim.

If the defect involves a fixture or hazardous condition on someone else’s property rather than a standalone product, our Scranton dangerous and defective property attorneys can tell you whether your claim belongs under premises liability instead.

Who Can Be Held Liable for a Defective Product

More than one party can be responsible for a single defective product, and identifying every one of them is what determines the full value of your claim:

1. The Designer: Responsible when the danger is in the product’s design itself
2. The Manufacturer: Responsible for design defects, manufacturing defects, and inadequate warnings
3. The Distributor: Responsible for placing a defective product into the stream of commerce
4. The Supplier: Responsible when a part, rather than the finished product, is defective
5. The Retailer: Responsible in Pennsylvania even without proof of negligence, because sellers are part of the chain that placed the product before the public

We do not stop at the first name we find. A single defective forklift, for example, can involve the manufacturer of the machine, the company that supplied a defective hydraulic component, and the distributor that serviced it before the sale.

How Vehicle Defects Change a Car or Truck Accident Claim

Not every car or truck accident claim ends with the other driver. When a defective airbag fails to deploy, a seatbelt releases under normal force, a fuel system ruptures, or a roof collapses, Pennsylvania law lets you pursue the vehicle’s manufacturer separately from whoever caused the crash itself.

This is called the crashworthiness doctrine, sometimes called the second collision or enhanced injury doctrine. Under this doctrine, a manufacturer is not liable for causing the crash itself, but is liable for the enhanced injuries you suffered because the vehicle failed to protect you the way a properly designed vehicle would have. Proving it requires more than showing a design flaw existed: you must identify which specific injuries the vehicle’s failure caused, separate from those the crash itself would have produced regardless. That distinction is what engineering and biomechanical experts establish, and it is the foundation of every crashworthiness investigation.

This matters most in Scranton car accident and Scranton truck accident claims where the injuries seem disproportionate to the severity of the impact. 

If you walked away from a low-speed collision with a catastrophic injury, or a seatbelt or airbag did not perform the way it was designed to, that disproportion is often the first sign of a second, separate claim against the vehicle’s manufacturer. Our Scranton crashworthiness team investigates that possibility in the serious car and truck accident cases we handle, not just the ones where a client asks about it.

Pennsylvania’s Strict Liability Law for Defective Products

Pennsylvania does not require you to prove a manufacturer was careless to win a product liability case. Under Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), the Pennsylvania Supreme Court held that a seller has a duty to provide a product free from a defective condition unreasonably dangerous to the consumer, and a plaintiff proves that in one of two ways.

The consumer expectations test asks whether the danger of the product is unknowable and unacceptable to an ordinary consumer. The risk-utility test asks whether a reasonable person would conclude that the probability and seriousness of the harm outweigh the burden of making the product safer. You can proceed under either theory or both at once.

What this means for your case: You do not have to prove the manufacturer knew about the defect or acted unreasonably. You have to prove the product was defective and that the defect caused your injury.

Exceptions and defenses manufacturers raise:

• Assumption of risk: if you knew about the specific defect and used the product anyway despite the known danger, a manufacturer can raise this as a defense.
• Substantial alteration: if the product was significantly changed after it left the manufacturer’s control, and that change caused the defect, liability can shift away from the original manufacturer.
• What is not a defense: ordinary carelessness in how you were using the product does not bar your claim. The Pennsylvania Supreme Court rejected contributory negligence as a defense to a strict liability claim.

Compensation You Can Recover in a Product Liability Claim

A defective product claim in Pennsylvania can recover four categories of compensation:

1. Economic Damages: Medical bills, lost wages, and any reduction in your future earning capacity if the injury affects your ability to work
2. Non-Economic Damages: Pain, suffering, and the loss of activities you could do before your injury
3. Punitive Damages: Available in limited circumstances, separate from and in addition to the above

Punitive damages are not automatic in a product liability case. Pennsylvania requires clear and convincing evidence that the manufacturer had a subjective appreciation of the risk of harm and consciously disregarded it, not just that it made a mistake or acted carelessly. Unlike a medical malpractice claim, product liability punitive damages are not subject to the MCARE Act’s cap, which limits punitive damages to 200% of compensatory damages in claims against individual physicians.

What your claim is actually worth depends on the severity of your injury and how clearly the defect can be proven, which is exactly what our free consultation is for.

How Long Do You Have to File a Product Liability Claim in Pennsylvania?

Pennsylvania gives you two years from the date of your injury to file a product liability lawsuit (42 Pa.C.S. § 5524(2)). If you miss this deadline, you lose the right to recover compensation, no matter how strong your claim was. 

Very limited exceptions may affect the timeline:

• Discovery Rule: Can toll this deadline when an injury or its cause was not reasonably knowable at the time it occurred. 
• Cases Involving Minors: For children injured by a defective product, the two-year time limit is paused until they turn 18. They then have two years from their 18th birthday to file a claim.

Because Pennsylvania courts apply these exceptions narrowly and the burden falls on you to prove it applies, do not assume you qualify. Call (570) 346-2600 before you lose the ability to file at all.

Product Liability vs. Premises Liability: Who You Sue and Why It Matters

These two types of claims are often confused because both can happen on someone else’s property, but they target different responsible parties and require different evidence.

	Product Liability	Premises Liability
Who You Pursue	The designer, manufacturer, distributor, or retailer of a defective product	The owner or occupier of the property where the injury occurred
What Caused the Injury	A defect in the product itself	An unsafe condition on the property
Example	A ladder collapses because of a design flaw	You slip on a wet floor with no warning sign
Legal Standard	Strict liability under Tincher v. Omega Flex	Negligence: the owner knew or should have known of the hazard

Some injuries involve both theories at once. If a piece of equipment on someone else’s property was both defectively designed and negligently maintained, you may have claims against the property owner and the manufacturer simultaneously. Our full explanation of product and premises liability walks through that overlap in more detail.

Frequently Asked Questions About Scranton Product Liability Claims

Do I Have a Case if I Don’t Know Exactly What Caused the Defect?

Yes. You are not expected to identify the defect yourself. Product liability cases depend on four factors: defectiveness, causation, how the product was used, and your damages. Scartelli Olszewski retains engineering and safety experts to find exactly what failed. If you are uncertain about your situation, our guide on how to know if you have a product liability case can help you evaluate your next steps.

Can I File a Product Liability Claim if the Injury Happened at Work?

Yes. A workplace injury caused by defective equipment generates two separate claims: a workers’ compensation claim against your employer and a product liability claim against the equipment manufacturer. Workers’ compensation does not bar the product liability claim. If defective design or manufacturing caused your injury, the manufacturer carries independent liability regardless of what workers’ compensation covers.

What if I Missed the Deadline Because I Didn’t Know the Product Was Defective?

It depends on when you discovered your injury and its cause. Pennsylvania’s discovery rule tolls the two-year deadline when you neither knew nor reasonably should have known of your injury and its connection to the product. This exception applies narrowly. You carry the burden of proving it qualifies. 

Do I Need to Keep the Product, or Can I Return or Discard It?

Keep the product. Do not return it, discard it, or attempt to repair it. The product, its packaging, and any receipts are the primary physical evidence in your case. Manufacturers move quickly to recover units after a reported incident. Once the product leaves your hands, the clearest proof of the defect leaves with it.

Does It Matter if the Product Had Already Been Recalled?

A recall does not bar your claim. The manufacturer retains liability for injuries the defective product caused, regardless of whether a recall existed at the time of your injury. A recall strengthens your case: it documents that the manufacturer knew about the defect. You retain the right to file a product liability claim with or without a recall.

How Much Does It Cost to Hire a Product Liability Lawyer in Scranton?

Nothing upfront. Scartelli Olszewski handles Scranton product liability claims on a 100% contingency fee basis. You pay zero attorney fees unless we recover compensation for you. Your first consultation is always free. The contingency fee is a percentage of your recovery only. You owe nothing if there is no recovery.

Get a Free Consultation With a Product Liability Attorney

Call (570) 346-2600 and describe what happened, or start a free consultation online. We will tell you on that first call whether you have a claim, who we believe is responsible, and what to do with the product in the meantime. Our Scranton office at 411 Jefferson Avenue represents injured clients throughout Lackawanna County, including Scranton, Dunmore, Dickson City, Old Forge, Moosic, Taylor, Throop, Olyphant, Jessup, Archbald, Carbondale, and Clarks Summit.

“Small Enough to Care, Large Enough to Win”

Past results do not guarantee a similar outcome. Every case is unique, and the value of any claim depends on its specific facts.