Houston Harbaugh, P.C.
Houston Harbaugh, P.C.
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Posts tagged "manufacturing defect"

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.