To 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.
The "state of flux" 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.  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.