Broken bicycle wheelWhen you purchase or work with a product, you expect it to function properly. If it fails and causes serious injury or illness, someone should be held liable. In a product sale, different parties could be held accountable, such as the manufacturer, distributor, or seller. If you are looking for a product liability attorney in Philadelphia, Delaware Valley, or the surrounding area, Segal, Berk, Gaines & Liss can help you get the compensation you deserve.

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Why Choose Segal, Berk, Gaines & Liss?

A defective product attorney serving the Philadelphia area will be very knowledgeable about the intricacies of product liability law and how local laws can affect product liability. We are prepared to fight on your behalf against corporations and legal teams. If you or a loved one has suffered an injury due to a faulty product, you can trust us as your dangerous product attorney to provide you with legal counsel and support. We work on a no-win, no-pay basis, so we only get paid when you get compensated.

What to Do After Your Injury

  1. Get Help First: Call 911 and get the immediate medical help you need.
  2. Gather All the Evidence You Can: This includes receipts, photographs, videos, witness statements, and medical reports. Keep the defective product as evidence. Don’t worry if you’re unable to collect evidence due to your injuries or trauma.
  3. Avoid Talking to Insurance Companies: Do not speak to the manufacturer, distributor, or their insurance company. They may try to get you to accept a minor settlement or dismiss you completely.
  4. Call Us: Contact a product liability attorney in Philadelphia to determine if you have a case.
  5. Monitor Your Injuries: Keep a journal to document any further results or injuries that may show up after the initial product failure.
  6. Focus on Getting Better: Our dangerous product attorneys will be working on your personal injury case while you recover from your injuries.

Common Causes of Accidents

When an accident happens because of a faulty product, your defective product attorney serving the Philadelphia area will be able to help you find out what caused the defect. There are various reasons why a product would fail, and in some cases, it can cause long-term damage or injuries.

In 2022, over 12 million injuries caused by defective products were recorded nationwide, but there were only 5,826 lawsuits filed. In 2024, that figure rose to over 15 million injuries.

Common causes of product liability injuries:

Manufacturing fault: Substandard materials, a deviation from the original design, poor workmanship, or inadequate quality control Design defect: A flaw in the original design that can cause harm
Failure to warn: Incorrect or inefficient marketing or labeling, and a failure to warn consumers about potential risks or safe usage protocols

Determining Liability

Judge writing a ruling with a gavel nearby

In order to have a case, you must have been using the product in the way it was intended to be used and must not have substantially changed or altered the product from the way it was originally sold.

Speak to a Philadelphia product liability attorney at Segal, Berk, Gaines & Liss with a free consultation to help determine who is responsible for the dangerous product. Determining liability is an important part of the process. The fault may lie with one or more parties, but this requires a thorough investigation in order to build a strong case.

Negotiating Your Case

Your defective product attorney will guide you through the process so you can receive fair recompense for your injuries.

  1. Free Consultation – Our product liability attorneys will review your case free of charge.
  2. Investigation – We thoroughly investigate each case to determine who is liable for damages.
  3. Medical Documentation – We work with the relevant medical professionals to document your injuries and damages.
  4. Negotiation – This could lead to settlement discussions or mediation. Negotiations may begin with settlement offers and counteroffers.
  5. Settlement or Trial – If no settlement is reached, we’ll prepare for trial.
  6. We Don’t Get Paid If You Don’t Get Compensation – Our dangerous product attorneys only get paid if you do.

Contact Our Philadelphia Product Liability Attorneys Today

At Segal, Berk, Gaines & Liss, we will stand in your corner throughout the entire legal process. Given our decades of experience as personal injury attorneys in Philadelphia, we’ll make sure we understand everything about your product liability case before you take the next steps. Call our experienced attorneys to schedule a free consultation today.

Frequently Asked Questions

In product liability cases, what constitutes a “substantial change” or alteration to a product?

A substantial change or alteration refers to any modification of a product that alters the product’s operation or structure or has a meaningful effect on its safety during use. A straightforward example is when a user removes the safety guards from machinery or intentionally disables any built-in safety mechanisms.

How does a product liability attorney in Philadelphia determine if fault lies with the seller, distributor, or manufacturer?

First, our goal isn’t to determine fault; it’s to investigate and establish liability. Fault is a legal conclusion that’s typically only reached by a judge or jury. Regarding liability, attorneys don’t need to pinpoint a single “at-fault” or responsible party. Thanks to Pennsylvania’s liability laws, a defective product attorney in Philadelphia can hold the entire supply chain responsible (manufacturers, distributors, and sellers) as long as they can prove the product was faulty when it left each party’s control.

Does a “failure to warn” or bad labeling count as a defect even if the product didn’t physically break?

Yes, 100%. A manufacturer has a legal duty to provide clear instructions or warnings, especially if a product has inherent risks that aren’t obvious to the average user. The lack of instruction or warning can constitute a marketing defect. A product liability attorney in Philadelphia with knowledge of Pennsylvania’s strict liability framework can offer more insight into your specific claim and whether it meets the definition of a legal defect.

Is my product liability case still valid if I didn’t keep the broken product as evidence?

A dangerous product attorney will always encourage you to keep the product as evidence, but that doesn’t mean it’s essential to your case. Without the product, your case does become more challenging to prove, but Pennsylvania law provides alternative ways to prove a product was defective, including:

  • Documentation (preserved packaging, manuals, product recall notices, etc.)
  • Expert testimony about the specific product line
  • Proof of purchase (receipts, bank statements, or digital order histories)
  • Visual evidence (photos or videos of the product, the malfunction, and resulting injuries)

Does “using the product as intended” mean I can’t sue if I made a minor mistake while using it?

It depends. You’ll want to discuss your use case with a product liability attorney in Philadelphia because Pennsylvania is more lenient in its definition of “intended use.” The state has legal distinctions for foreseeable misuse and abnormal use. Also, because the state adheres to a comparative negligence rule, a minor mistake may not eliminate your chances of compensation.

Why should I avoid talking to insurance adjusters about a product liability claim?

An experienced defective product attorney in Philadelphia almost always advises clients to avoid speaking directly with insurance adjusters to protect their claim. Insurance adjusters aren’t your friends; they are paid employees with one goal: minimizing or denying a payout.

What is the statute of limitations for a product liability claim in Pennsylvania?

Typically, you have two years from the date of an injury to file. However, talk to a product liability attorney in Philadelphia because there are some exceptions, including:

  • Claims involving minors
  • Claims against government entities
  • Statute of repose
  • The discovery rule