In Dolby v. Ziegler Tire & Supply Co., 2017 Pa. Super. Unpub. LEXIS 791 (Pa. Super. Feb. 28, 2017), a case that proceeded to trial solely on a strict-product-liability, failure-to-warn claim, the Superior Court recently affirmed an Allegheny County Court of Common Pleas decision granting defendants' motion for compulsory nonsuit following plaintiff's case in chief. This unpublished decision provides useful guidance regarding the burden of proof in a failure-to-warn case and whether a plaintiff is entitled to a presumption that had an adequate warning been given, it would have been followed.
In Dolby, the court reaffirmed that three types of product defects - design, manufacturing, and failure to warn - may give rise to strict liability. A plaintiff asserting a failure-to-warn claim must establish two elements: (i) the product was sold in a defective condition, unreasonably dangerous to the user; and (ii) the defect caused plaintiff's injury. Focusing on the second element, causation, the Superior Court held that plaintiff must establish the product user would have avoided the risk if warned - i.e., the user would have heeded the warning. The court rejected plaintiff's argument that this element may be presumed under certain circumstances.