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We have tried cases in more than 350 courthouses in 48 states, Puerto Rico, the U.S. Virgin Islands and several Canadian provinces. Click to view representative cases.

Industry Leadership

January 26, 2024
News

Industry Leadership

December 28, 2023
Legal Alert

Pennsylvania adopted the Restatement (Second) of Torts to address strict products liability claims over 50 years ago but continues to flip-flop on whether to allow product manufacturers to defend themselves using compliance with industry and government standards as evidence to demonstrate their products are neither defective nor unreasonably dangerous. The evidence necessary to prove a defective condition in a design defect case may be demonstrated under either a “consumer expectations test” or a “risk-utility test.” The Pennsylvania Supreme Court’s recent decision in Sullivan v. Werner Co., 2023 WL 8859656 (Pa. Dec. 22, 2023) squarely rejects the use of industry or governmental standards as relevant proof to defend against strict product liability claims under Pennsylvania law in design defect cases pursued under a risk utility theory, and perhaps also under the consumer expectation test. It once again places Pennsylvania in the distinguished position of being decidedly pro-plaintiff for purposes of product liability cases.