Losing a loved one is a devastating experience, and the pain is magnified when their death could have been prevented. When a defective product is the cause, you can hold the manufacturer accountable through a specific type of legal action called a wrongful death claim based on product liability. This process is about seeking justice for your family member and securing the financial stability your family needs to move forward.
When you’re trying to make sense of an unimaginable loss, legal terms can seem like another language. Let’s break down the two most important concepts for holding a manufacturer accountable.
A wrongful death claim is a lawsuit brought by the personal representative of the deceased person’s estate on behalf of the surviving family members (like a spouse, children, or parents). According to Pennsylvania law, detailed in 42 Pa. Cons. Stat. § 8301, this type of claim can be made when a death is caused by the wrongful act or neglect or unlawful violence or negligence of another. In simple terms, if someone’s actions or carelessness led to your loved one’s death, this law provides a way for the family to seek justice.
Product liability is the specific area of law that deals with holding manufacturers, distributors, and sellers responsible for injuries or deaths caused by their products. The core idea is that companies have a duty to ensure their products are reasonably safe when used as intended. When they fail in this duty and it results in a tragedy, they can be held legally and financially responsible. This isn’t about punishment; it’s about accountability and providing for the families left behind.
Combining these two concepts, a wrongful death claim based on product liability is how families can stand up to a company that produced a dangerous item that led to their loss.
The key to holding a manufacturer accountable is showing that the product was “defective.” This doesn’t just mean it broke. In the eyes of the law, a defect is a specific kind of flaw that makes a product unreasonably dangerous. There are generally three categories of defects that can form the basis of a claim.
Identifying which of these defects caused the harm is a critical step in building a case for accountability against a manufacturer.
Successfully holding a manufacturer accountable after a wrongful death is a complex process that requires a careful and methodical approach. It involves more than just pointing fingers; it requires building a strong, evidence-based case to show that the company was responsible for your family’s loss.
Evidence is the foundation of any product liability claim. The more compelling the evidence, the stronger the case for accountability. While every situation is unique, some of the most critical pieces of evidence often include:
Gathering and preserving this information can feel like an impossible task when you are grieving, which is why having a legal advocate to manage this process can be so important.
While we often talk about holding the “manufacturer” accountable, the company that assembled the final product may not be the only one at fault. A thorough investigation aims to identify everyone in the “chain of distribution” who may share responsibility. This chain can include:
Identifying all potentially liable parties is crucial because it ensures that you are seeking accountability from everyone who contributed to the tragedy. In a region like ours, from the industrial workshops of Johnstown to the businesses in DuBois, products pass through many hands, and each one has a responsibility for safety.
It is also critical to understand that the law sets a deadline for taking legal action. This deadline is called the statute of limitations. In Pennsylvania, a wrongful death lawsuit must generally be filed within two years of the date of death.
If you miss this deadline, the courts will likely refuse to hear your case, and you will lose the opportunity to hold the manufacturer accountable forever. Two years may sound like a long time, but building a strong product liability case involves extensive investigation and preparation. That is why it is so important not to wait to explore your legal options.
While no amount of money can ever replace a loved one, a wrongful death claim is designed to provide financial relief for the very real losses a family suffers. The compensation, legally known as “damages,” is intended to address the economic and emotional devastation caused by the death.
In Pennsylvania, damages in a wrongful death claim are intended to compensate the surviving family members for their losses. A separate but related claim, called a “survival action,” can be filed to compensate the estate for the losses the deceased person suffered. Together, these actions can help a family recover from:
Securing this compensation helps ensure that a family doesn’t have to face financial ruin on top of their emotional grief, allowing them to pay bills, stay in their home, and plan for the future.
Taking on a large manufacturing corporation is not something any family should do alone. These companies and their insurance providers have vast resources and teams of lawyers dedicated to protecting their bottom line. Their goal is often to pay as little as possible or deny responsibility altogether.
This is where a dedicated legal advocate can make all the difference. An attorney who handles wrongful death and product liability cases can level the playing field. They can manage every aspect of your case, from conducting a deep investigation and hiring the right experts to handling all communications with the manufacturer’s lawyers.
A compassionate legal team understands that you are going through the most difficult time of your life. Their role is to take the legal burden off your shoulders so you can focus on what matters most: healing with your family. They can work on a contingency fee basis, which means you pay no attorney fees unless they successfully recover financial compensation for you. This allows you to seek justice without worrying about upfront costs.
By having a strong advocate in your corner, you are sending a clear message to the manufacturer: you will not be ignored, and you will fight for the accountability your loved one deserves.
Here are answers to some common questions families have when facing a loss due to a defective product.
A wrongful death claim compensates the surviving family members (spouse, children, parents) for their own losses, such as lost financial support and loss of companionship. A survival action is brought on behalf of the deceased person’s estate to recover damages that the person could have claimed if they had survived, like their medical bills and compensation for their own pain and suffering. They are often filed together.
Yes, you may still be able to file a claim. While the age of a product can be a factor, there is no simple expiration date on a manufacturer’s responsibility. The key is whether the product was defective and whether that defect caused the death. An older product might have a design flaw that was dangerous from day one.
You can still hold a foreign manufacturer accountable. While it presents additional legal challenges, U.S. law has provisions for bringing claims against international companies that sell their products in the United States. A law firm with the right resources can navigate the complexities of international service and jurisdiction.
We understand that you are navigating an unthinkable tragedy. The grief, anger, and confusion can be all-consuming. At Marcus & Mack, our mission is to provide strength, support, and guidance to families like yours during their most difficult times. We are here to help you seek the justice and accountability your loved one deserves.
Our attorneys have over a century of combined experience fighting for injury victims and their families across Pennsylvania. We handle the complex legal work—the investigations, the negotiations, the paperwork—so you can focus on healing. We believe caring for others is the cornerstone of what we do, and we are unified by a common passion to change our clients’ lives for the better.
You don’t have to worry about the cost of getting legal help. We are here for you 24/7, we can meet you in your home, and we work on a contingency fee basis. You owe us nothing unless we recover money for you.
Contact Marcus & Mack today at (724) 349-5602 or through our online form for a free, no-obligation consultation to discuss your case and legal options.
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