https://www.law.com/thelegalintelligencer/2024/03/13/pa-federal-judge-rules-valve-manufacturer-liable-for-defective-products-that-have-yet-to-fail/
Jennifer Philpott Wilson of the Middle District of Pennsylvania. Photo: Diego M. Radzinschi/ALM
NEWS
“If you have evidence during the four years that the part is failing generally for the same reasons you allege, this would support a claim for implied warranty,” Patrick Howard said.
March 13, 2024 at 03:01 PM
3 minute read
What You Need to Know
- A federal judge ruled a sewer authority may recover damages on all of a batch of defective valves, not just the ones that failed.
- The ruling establishes that evidence of a defect manifesting elsewhere can support a claim for breach of implied warranty.
- The plaintiff’s lawyer said the opinion addresses claims over products that are defective but might not malfunction right away.
A ruling from a central Pennsylvania federal judge opened a broader scope of damages available to plaintiffs in a products liability case.
U.S. District Judge Jennifer Wilson of the Middle District of Pennsylvania determined Monday that a sewer operator may recover damages for an entire batch of defective valves it installed, not just the valves that already failed.
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