Product Liability Lawyers of PA & NJ

When a product fails, evidence disappears fast—repairs happen, packaging gets discarded, and the best proof can be lost. We move early to preserve the product, document the failure, and build a case that connects defect → failure → injury.

No fee unless we win Confidential intake Serving Pennsylvania & New Jersey

Support note: If your injury puts you in immediate danger, call 911, and seek treatment prior to legal help

When a product causes harm, proof matters more than outrage

Product cases are not won by saying a product was “bad.” They are won by showing:

  • what the product was,

  • how it failed,

  • why it was unreasonably dangerous, and

  • how that failure caused the injury.

  • In Pennsylvania, strict product liability remains rooted in Restatement (Second) § 402A, and the Pennsylvania Supreme Court has confirmed that a product can still be defective even if it was made with “all possible care.” 

  • In New Jersey, the Product Liability Act states a manufacturer or seller is liable only if the claimant proves the product was not reasonably fit, suitable, or safe because it deviated from specifications, lacked adequate warnings/instructions, or was defectively designed. 

Types of Product Liability Cases We Evaluate

What to do after a related injury:

Product Liability claims typicallly come down to five things:

  1. Get medical care first.

  2. Preserve the product exactly as it is. Do not repair it, clean it, or throw it away.

  3. Keep everything that came with it. Packaging, manuals, labels, receipts, inserts, serial numbers, lot numbers.

  4. Photograph the product and the failure point.

  5. Write a timeline. When it was bought, used, maintained, and when it failed.

  6. Do not return it to the seller or manufacturer until you understand the preservation issues.

  7. Do not post detailed public commentary online if a claim is likely.

Hard truth: Once a product is altered, repaired, or discarded, the defense will often argue the best evidence is gone.

Common Product Liability Claims

Chain-of-Custody Matters

If you still have the product, keep a simple log of where it is and who touched it.

Chain-of-custody template (copy/paste)

Product: [Name / Model]

Serial/Lot #: []

Purchase date/location: []

Incident date/time: [__]

Storage record:

  • [DATE/TIME] Product placed in [box/bin], sealed and stored at [location].

  • [DATE/TIME] Product moved from [location] to [location] by [name].

  • [DATE/TIME] Product accessed for photos only by [name]. No modifications made.

  • [DATE/TIME] Product transferred to [counsel/expert] by [name], method [pickup/shipping], tracking [__].

Rule: No repairs. No cleaning. No part swaps.

Preservation request template (copy/paste)

Subject: Preservation of Evidence — Defective Product Claim

To Whom It May Concern,

Please preserve all documents and materials relating to [PRODUCT NAME/MODEL/SERIAL], including design drawings, manufacturing specifications, quality control records, inspection/testing records, warnings/instructions, prior complaints, warranty/return data, and incident history.

Please also preserve all related electronic data, including internal tickets, engineering change orders, and supplier communications. This request includes preservation of any exemplar products from the same production batch/lot and any parts replaced under warranty.

Please confirm in writing that preservation is in place.

Sincerely,

[Name]

[Contact/Email]

Pennsylvania vs New Jersey: Practical Legal Differences

Practical takeaway: product cases often need experts, preservation planning, and early evidence strategy. Waiting can weaken the case before it starts.

  • Pennsylvania remains a Restatement (Second) § 402A strict-liability jurisdiction, and the Pennsylvania Supreme Court has explained that strict liability focuses on the product’s danger rather than the manufacturer’s due care. 

    Many injury actions in Pennsylvania must be commenced within two years, subject to fact-specific exceptions.

  • New Jersey’s Product Liability Act expressly frames product liability around three core theories: deviation from specifications, failure to warn, and defective design. 

    Many New Jersey personal injury actions are generally subject to a two-year limitation period, subject to fact-specific exceptions. 

Evidence That Strengthens a Product Liability Claim

Product cases are won on disciplined preservation and technical proof. Useful evidence often includes:

  • the product itself

  • packaging, warnings, and instructions

  • receipts, purchase records, and warranty documents

  • serial number / lot number / model information

  • photographs of the product and failure point

  • maintenance or repair history

  • medical records documenting injury and treatment

  • witness accounts of how the failure occurred

Product Liability FAQs

  • Not always, but it can be a major advantage. A preserved product makes defect evaluation and causation analysis stronger.

  • Not before speaking with counsel. Returns can destroy the best evidence.

  • Tell us immediately. Repairs can alter the evidence and change the defense strategy

  • Yes. Depending on the facts, responsibility can involve manufacturers, suppliers, distributors, retailers, installers, or maintenance entities.

  • We handle qualifying cases on contingency—no attorney fee unless we obtain compensation.

Request a Free, Confidential Case Review:

Tell us what happened and what product was involved. If you still have the product, we’ll tell you how to preserve it. We’ll respond promptly and explain next steps clearly.

  • No fee unless we win

  • Fast Response

  • Serving Pennsylvania & New Jersey—All Counties

Prefer to call?

  • Philadelphia (215) 893-9311

  • New Jersey (856) 809-3150

Disclaimer: This page provides general information and is not legal advice.

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Detected: General

This page provides general information and is not legal advice.