Pennsylvania Statute of Limitations for Defective Products

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed May 23, 2025

When an individual or entity causes property damage or a personal injury, the injured party can file a civil lawsuit against them. One common type of personal injury case is a product liability lawsuit.

A person files a product liability claim when injured while using a product or service. Typically, these cases involve defective products, such as toys, motor vehicles, and household goods. There are also many civil lawsuits involving dangerous drugs and defective medical devices.

If you decide to sue the manufacturer of the defective product, you must do so before the statute of limitations expires. The statute of limitations limits how long a person has to file a civil complaint.

This article examines Pennsylvania’s statutes of limitations for defective products. If you don’t file your claim within the statute of limitations period, you’ll lose your chance to pursue damages.

When Does the Statute of Limitations Period Start in Pennsylvania?

In most cases, the two-year statute of limitations period starts on the date of injury. For example, if you’re mowing the lawn and end up with a severe laceration on your leg, the clock starts running on the day you suffered the injury.

In other cases, the start date is harder to determine. People suffering from asbestosis or mesothelioma from asbestos exposure have no idea exactly when the exposure began. For situations like this, Pennsylvania’s “Discovery Rule” would apply.

The discovery rule is one of only two exceptions to Pennsylvania’s product liability statute of limitations deadlines. In asbestos exposure cases, the clock does not start until the plaintiff receives a diagnosis from a licensed physician.

Another exception applies in defective construction cases. Under Pennsylvania’s product liability laws, if a person suffers an injury, death, or property damage due to defective construction, they have 12 years from the date the construction ends to file their civil claim. This is because Pennsylvania law allows for a statute of repose in this type of case.

Types of Defective Product Claims

There are three types of defective product lawsuits in Pennsylvania. Regardless of which type of claim the injured person files, they’ll only have two years to file their civil lawsuit.

The types of defects that exist under product liability law include:

Manufacturing defects: If someone makes a mistake during the manufacturing process, they may be liable for any injuries that ensue. If a company that manufactures soup doesn’t clean its equipment, consumers may suffer food poisoning. This would represent a manufacturing defect.
Design defects: Some products can be unsafe regardless of how careful the manufacturer is. An example of this would be a chainsaw that doesn’t have a safety guard. No matter how perfectly the manufacturer makes the product, there is a high chance that a consumer will be hurt.
Failure to warn defects: Depending on the product, there may be a duty to warn. This is common with children’s toys. You have likely seen a choking hazard warning on some of the packaging. If the distributor fails to put this warning or disclaimer on the box, they may be liable if a child suffers harm while playing with the toy.

Who Can Be Named in a Pennsylvania Product Liability Lawsuit?

In any personal injury lawsuit, the plaintiff must name all potential defendants in their complaint. In many product liability claims, the injured party will name more than one defendant. If a child is injured while playing with a defective toy, the product liability lawyer will name all responsible parties.

Some of the more common defendants in dangerous product lawsuits include the following:

Product Manufacturer
Designer
Wholesaler
Distributor
Retailer
Insurance companies (representing the above parties)

The parties named in a complaint depend on the facts of the case and the nature of the product defect. If your loved one dies in a car accident due to an issue with the vehicle’s product design, you may file a wrongful death claim. Your attorney would likely name the vehicle manufacturer, the company that created the product design, the car dealership, and any other party involved in the product chain.

How Does a Product Liability Attorney Prove Fault?

The courts apply a “strict liability” standard in defective product cases. This means the defendant is responsible for any injuries their products may cause. Your attorney doesn’t have to prove intent or wrongdoing by the manufacturer or other responsible parties.

When a company puts a product on the market, it's promising consumers that it is safe to use. If a product does not meet consumer expectations, supply chain members may be liable for damages.

In a defective design case, your attorney can submit proof that a safer alternative design was available. In a failure to warn case, your lawyer may have evidence showing that the defendant was aware of a risk but chose not to inform its consumers.

Pennsylvania Time Limits on Product Liability Cases

The following table is a quick summary of Pennsylvania's statute of limitations for defective products.

Pennsylvania Statute of Limitations Code Section	Pennsylvania Statutes: Title 42 §5524
Pennsylvania Basic Statute of Limitations	Two years
When Does the Clock Start For a Pennsylvania Statute of Limitations?	The date of injury. The two exceptions to the two-year statute of limitations are cases in which the Discovery Rule or Statute of Repose applies.
Can a Pennsylvania Judge Extend a Statute of Limitations Period?	No. The judge does not have the power to disregard or extend the statute of limitations period. Unless a valid exception exists under the discovery rule, statute of repose, or other statute, the judge must strictly apply the filing deadline.