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The Restatement Third Takes Another Nosedive

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The Restatement Third Takes Another Nosedive | The Legal Intelligencer
















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Cliff Rieders, of Rieders, Travis, Humphrey, Waters, & Dorhmann. Courtesy photo

COMMENTARY

Under the risk-utility test, “a product is in a defective condition if a ‘reasonable person’ would conclude that the probability and seriousness of harm caused by the product outweigh the burden or costs of taking precautions.” The court stated that a plaintiff may proceed under either theory, or both theories in the alternative.

February 20, 2024 at 10:00 AM

14 minute read

By Cliff Rieders |
February 20, 2024 at 10:00 AM

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The Pennsylvania Supreme Court granted allowance of appeal to consider whether evidence of a product’s compliance with industry and governmental safety standards is admissible in products liability cases following this court’s decision in Tincher v. Omega Flex, 628 Pa. 296, 104 A.3d 328 (Pa. 2014). The court concluded that compliance evidence remains inadmissible, and affirmed the order of the Pennsylvania Superior Court.

In Tincher, this court overruled Azzarello v. Black Brothers, 480 Pa. 547, 391 A.2d 1020 (Pa. 1978). 

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