How Long Does It Take to Settle a Product Liability Lawsuit in PA?

When you purchase a product, you trust it to work safely and effectively. When it doesn’t, it may cause significant harm. Fortunately, you can claim compensation when a defective product injures you.

Understandably, you might be wondering, how long does it take to settle a product liability lawsuit? Unfortunately, there’s no standard timeframe for answering that question. Every case differs, and so does the timeline.

Multiple factors can impact the duration of your product liability claim, including the complexity of the case and the other side’s willingness to settle.

If you or someone you love suffered injuries due to a defective product in Philadelphia, contact Rosen Justice Injury Lawyers to learn how our Philadelphia product liability lawyers can help.

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What Is a Product Liability Lawsuit?

Product liability claims occur when a defective product fails to perform safely or as advertised, and the user sustains injuries as a result.

In Pennsylvania, these cases can encompass various products—from household appliances to pharmaceuticals and automotive parts.

At its core, a product liability lawsuit is a type of legal action that seeks to hold manufacturers, distributors, or retailers accountable for distributing a product that poses a risk to health and safety.

How to Prove a Product Liability Case

In Pennsylvania, proving a product liability case hinges on demonstrating that a defect in the product caused an injury.

Pennsylvania law outlines three types of defects that can form the basis of such claims: design defects, manufacturing defects, or a failure to warn. Each type of defect requires showing different elements to establish a manufacturer’s liability.

Design Defects

A product is considered to have a design defect if its foreseeable risks outweigh its benefits. The key is proving that the product was inherently dangerous due to its design, even when used as intended.

For example, if a type of children’s toy poses a choking hazard despite being used correctly, it may be deemed to have a design defect because the risk of injury is high compared to its utility.

Manufacturing Defects

These occur when a product deviates from its intended design, making it dangerous. A product that leaves a manufacturing facility with an unintended flaw that leads to injury falls under this category.

For instance, if a batch of electric kettles has faulty wiring that causes electric shocks, this would be a manufacturing defect.

Failure to Warn/Inadequate Instructions

This defect occurs when the product lacks the instructions or warnings to prevent user injury. The key aspect is whether the manufacturer knew or should have known the potential risk and failed to inform consumers.

An example could be a medication that does not include warnings about possible severe side effects known to the manufacturer.

Establishing Liability for Defective Products

To prove a product liability case, you must demonstrate the following:

Presence of a defect. Show that the design, manufacturing process, or labeling/instructions were flawed.
Causation. Prove that the defect directly caused the injury. You must link the harm directly to the defect, without significant intervening causes.
Damages. You need evidence of actual harm or damage resulting from the defect, including physical injury, financial loss, or other damages.

Manufacturers can defend against product liability claims by arguing the defect was an inherent characteristic of the product that a reasonable consumer would recognize (e.g., the sharpness of a knife).

Especially in cases of drugs and medical devices, manufacturers might argue that they provided adequate warnings to the prescribing physicians.

How Long It Takes to Settle a Product Liability Lawsuit

The duration of a product liability lawsuit in Pennsylvania can vary widely, depending on several factors. Understanding these elements can help set realistic expectations for how long it might take to reach a settlement.

Complexity of the case. The more complex the case, the longer it generally takes to settle. Complex cases may involve multiple parties, intricate legal issues, or extensive damages that require detailed analysis.
Amount of evidence. Gathering and analyzing evidence is a time-consuming process. Extensive documentation, expert testimonies, and detailed accident reconstructions can prolong the pre-trial phase.
Legal procedures. Every step of the legal process, from filing the lawsuit to a potential trial, has its own time frame. Delays can occur if the attorneys’ or court’s calendars are backlogged.
Negotiation dynamics. The willingness of both parties to negotiate and reach a settlement can either shorten or extend the settlement process. Sometimes, settlements are reached quickly through mediation, while others may only occur on the eve of a trial.
Regulatory involvement. In some cases, government safety regulators may get involved due to the nature of the product defect. This can either hasten a settlement if the defendant wishes to avoid penalties, or prolong the process if investigations are ongoing.

Considering these factors, you can better understand the timeline and manage your expectations accordingly.

Each lawsuit is unique, and the length of time it takes to reach a settlement can vary significantly based on the case’s specific circumstances.

The Litigation Timeline

Generally, a product liability lawsuit might take several months to several years to resolve. Here are the general phases in litigation:

Initial investigation and filing. The first few months after an injury are often spent gathering evidence and building the case. Once enough information is collected, the plaintiff will file the lawsuit. This initial stage might take months or even a year.
Discovery phase. Discovery is where both parties exchange information and evidence. It can be lengthy, often lasting six months to several years, depending on the complexity of the case and the amount of evidence involved.
Negotiations and mediation. Throughout the process, parties may try to negotiate a settlement to keep from going to trial. During the discovery phase, parties may voluntarily try mediation, or the court may require it.
Trial. If negotiations fail, the case will get set for trial. Trials typically last a few days to several weeks, but getting a court date and completing a trial can add a year or more to the timeline, especially if the court docket is full.
Appeals. If someone appeals the court’s decision, the case can be extended for a significant amount of time.

As you can see, the factors here can drastically change how long it takes to settle a product liability lawsuit.

A straightforward product liability case in Pennsylvania may settle within a year if it does not go to trial. However, more complex cases involving severe injuries and multiple parties could take longer, potentially taking several years.

Contact a Philadelphia Product Liability Lawyer at Rosen Justice Injury Lawyers

Pursuing compensation in a product liability lawsuit can be complicated. If you suffered harm due to a defective product, contact a Philadelphia product liability lawyer at Rosen Justice Injury Lawyers.

We have decades of combined experience representing injured victims in defective product lawsuits. Contact us today to schedule a consultation and learn more.