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Posts tagged "strict liability"

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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PA Superior Court Rejects "Heeding Presumption" In Strict-Liability, Failure-To-Warn Action

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 This unpublished decision provides useful guidance regarding the burden of proof in a failure-to-warn case and whether a plaintiff is entitled to a presumption that had an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.

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

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

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.

Pennsylvania Supreme Court to Finally Tackle Restatement Second vs. Restatement Third Issue

In Tincher v. Omega Flex, 64 A.2d 626, the Pennsylvania Supreme Court granted a Petition for Allowance of Appeal to address the issue of :

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