Picadio Sneath Miller & Norton, P.C.

Attorneys at Law

412-288-4000 888-288-4028
Business Litigation.Pittsburgh Strong.®
Main Menu

Posts tagged "Design Defect"

Pennsylvania Federal Court Grants Summary Judgment to Strict Product Liability Defendant in Case Proceeding Under Tincher's Consumer Expectations Standard

Owen, Robert 143 200 0137.jpgTo prevail on a strict product liability claim under Pennsylvania law, a plaintiff must prove the product at issue is defective, the defect existed when the product left defendant's hands, and the defect caused the harm. A product may be defective based on a manufacturing or design defect, or based on a failure to warn. Regardless of the theory, a plaintiff must satisfy one of two standards (or both) to show a product is defective: (i) a consumer expectations standard; and/or (ii) a risk-utility standard. In the wake of Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), Pennsylvania courts continue to define the contours of these standards, and a recent decision from the Western District of Pennsylvania, Igwe v. Skaggs, 2017 U.S. Dist. LEXIS 99622 (W.D. Pa. Jun. 28, 2017), adds clarity to the consumer expectations standard in particular.

Pennsylvania Superior Court Decision Highlights Importance of Rebuttal Evidence on Causation in Defending a Strict-Liability, Failure-to-Warn Claim

Owen, Robert 143 200 0137.jpg

Pennsylvania Federal Middle District Applies Restatement Third in Recent Products Liability Case

Pennsylvania Supreme Court Rules Pharmaceutical Company Not Immune to Products Liability Claims for Defective Drugs

Pennsylvania's Western District Holds Designs and Technical Drawings are Not Products, and Applies Restatement Third

Pennsylvania's Middle District Chooses to Apply Restatement Third to Faulty Ladder Case

The "state of flux"[1] continued in the landscape of Pennsylvania products liability law, with the U.S. District Court for the Middle District of Pennsylvania choosing to apply the Restatement Third of Torts to a Plaintiff's strict liability claims in a matter involving an allegedly defective ladder. This is significant, as almost one year ago the Middle District chose to apply the Restatement Second in a products liability action. [2] The volatile nature of the applicable substantive law in Pennsylvania product liability actions figures to continue until the Pennsylvania Supreme Court renders an Opinion on the applicable substantive law in Tincher v. Omega Flex, 64 A.2d 626.

Office Location And Contact Information

Picadio Sneath Miller & Norton, P.C.
Four Gateway Center 444 Liberty Avenue, Suite 1105
Pittsburgh, PA 15222

Toll Free: 888-288-4028
Phone: 412-288-4000
Fax: 412-288-2405
Map & Directions

Super Lawyers Listed in | Best Lawyers | The world's premier guide US Law | Network, inc DRI | TM | The voice of defense Bar