Corporations have a duty to ensure that their products are reasonably safe. They can be held liable for damage caused by a defect. What if a product is defective but it has not actually failed yet? On March 11th, 2024, the United States District Court for the Middle District of Pennsylvania issued a key ruling in the case of Roamingwood Sewer & Water Association v. National Diversified Sales, Inc. confirming that people can take legal action, even before the actual product failure.
At Saltz Mongeluzzi Bendesky P.C., our partner Patrick Howard represented the plaintiffs in this key product liability claim. It is a big victory for plaintiffs in Pennsylvania to ensure that they can hold manufacturers liable for defective products. Within this article, our Philadelphia product liability attorneys provide a more comprehensive overview of the case, the decision, and your legal options for dealing with a defective product that has yet to fail
Case Analysis: Roamingwood Sewer & Water Association v. National Diversified Sales, Inc.
The Background and Facts
The Roamingwood Sewer & Water Association serves residents and commercial businesses in Salem Township and Lake Township. The primary defendant, National Diversified Sales, Inc. (NDS), is a company that manufactures and sells a number of different industrial products. The product at issue in this case was check valves. The purpose of a check valve is to ensure that sewage only flows in one direction—away from the residence.
In 2017, the Roamingwood Sewer & Water Association was in the process of overhauling its sewer system. As part of the overhaul, the association installed approximately 1,111 check valves. The specific product—KSC-2000-LC—was manufactured by NDS. The NDS check valves in question had not actually failed. However, representatives for Roamingwood became aware that the check valves from the very same batch had failed prematurely.
By 2020, only some of the check valves had been installed by the Roamingwood Sewer & Water Association. A comprehensive visual inspection was conducted by a third party. That third party identified ten check valves installed by Roamingwood that were defective. Upon a microscopic inspection, it was determined that the flapper assembly was incomplete. It is an error caused by defective manufacturing on the part of NDS.
The Legal Issue
The sewer operator (Roamingwood) took legal action to seek compensation for all parts that could be potentially affected by the product defect. In total, there are more than check valves of the NDS model across the system that have already been put in place. In turn, the defendant countered that the operator was only entitled to bring a claim for products that had failed. In this case, it was undisputed that the large majority of the NDS-manufactured KSC-2000-LC check valves in the Roamingwood sewer system had not, at the time the complaint was filed, failed. Key legal points at issue in this case:
- The product liability claim against the defendant was filed on the grounds of breach of warranty. A breach of warranty in a product liability claim occurs when a product fails to meet the expressed or implied guarantees made by the seller regarding the product’s quality or usability, leading to potential harm or financial loss for the consumer.
- The statute of limitations for a breach of warranty claim product liability in Pennsylvania is four years. However, notably, that statute of limitations starts from the date that products are delivered, not the date that a defect actually manifests and causes damage. It can be problematic for plaintiffs in some cases.
The Decision
Upon review, the court ruled in favor of the plaintiff represented by Saltz Mongeluzzi Bendesky partner Patrick Howard. United States District Judge Jennifer Wilson found that the Roamingwood Sewer & Water Association has the right to recover damage for all of the defective NDS check valves that it has installed, not merely the check valves that have already failed. As explained by Attorney Howard, the ruling from the Pennsylvania federal court “harmonizes the statute of limitations together with the manifestation of the defect.”
The next stage of this case is damages. The court has determined that the manufacturer bears liability for all of the defective check valves that have been installed, not only the ones that have a defect that has already manifested. The parties will have to work towards resolving damages. The court may need to step in to rule on damages. Attorney Howards explained that damages are difficult to assess, but that “it is definitely a seven-figure fix.”
Know Your Rights: Defective Products that Have Yet to Fail
That a product has not yet failed does not mean that it is not defective. If you have defective product(s), you have a right to bring a claim against the manufacturer, seller, or other responsible party. A claim based on the breach of warranty is subject to a four-year statute of limitations. A proactive approach is key. Here is a lesson that you can draw from this case:
- In Pennsylvania, you can bring a claim for a defective product on the grounds of breach of warranty even if your specific defective products have yet to fail.
Product liability claims are complicated. It can be especially challenging for businesses, organizations, or municipalities that have a large number of similar products. If any share of a batch of products is defective, that could mean that they will all fail prematurely. It is imperative that you take proactive measures to protect your rights and your interests.
Contact Our Philadelphia Product Liability Attorneys Today
At Saltz Mongeluzzi Bendesky P.C., we are trial lawyers with a proven record of success in complex cases. If you have any specific questions or concerns about a dangerous and defective product claim, we are here to help. Contact us today to set up your free, no-obligation initial consultation. With offices in Philadelphia, Delaware County, Montgomery County, and New Jersey, we are well-positioned to handle product liability claims and class action lawsuits throughout the region.