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  • Kirk Hartley

New Rules for Product Liability Litigation in Pennsylvania – Third Restatement Not Accepted

New rules for product liability litigation are now on the books in Pennsylvania due to the opinions in Tincher v. Omega Flex Inc.. By a 4-2 vote, the Court declined to adopt the Third Restatement of Torts but did knock out a past ruling (Azzarello) on the line between strict liability and negligence, and the related jury instructions.  The vote was 4-2 because of the recent resignation of former Judge McCaffery after political and ethical brawls among members of the Court and various other senior state officials.

A “drug and device” view of the opinion (and some apparently deserved gloating) can be found in a November 21, 2014 post at Drug and Device Law blog. A November 20, 2014 post at the TortsProf blog highlighted some key points.  I’ve not yet waded through the opinion, which is said to include a lengthy review of the history of product liability law.

About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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