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Posts tagged "Tincher v. Omega-flex"

In The Wake of Tincher, Can a Strict Product Liability Defendant Rely on Compliance With Government Regulations or Industry Standards? Pennsylvania Law Remains Unsettled.

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The State of Products Liability in Pennsylvania after Tincher - Part One

Owen-J-Mcgrann-profile.jpgThe Pennsylvania Supreme Court has, after decades of only tangentially addressing clear issues with the state products liability law in the Commonwealth, at last spoken. Since the Pennsylvania Supreme Court issued Azzarello v. Black Brothers Co., 391 A.2d 1020 (Pa. 1979) thirty-five years ago, Pennsylvania has been one of the most plaintiff-friendly jurisdictions for product liability claims. Azzarello adopted a unique version of the Restatement (Second) of Torts § 402A, which effectively took as hard-line of a strict liability stance as is conceivable under the Second Restatement.

Pennsylvania Supreme Court Decides in Tincher Case: "No Restatement (Third) of Torts: Products Liability §§ 1 et seq."

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

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