(L-R)Stephen J. Finley, Jr. and Jonathan T. Woy of Gibbons PC. Courtesy photos The Case for Application of Comment k to Manufacturing Defect Claims
Comment k to Section 402A of the Restatement (Second) of Torts precludes all strict liability claims arising from injuries caused by certain categories of products, including prescription pharmaceuticals and medical devices.
May 27, 2021 at 12:21 PM
8 minute read
Pennsylvania products liability law recognizes strict liability and negligence claims for design defect, manufacturing defect and failure to warn. However, Comment k to Section 402A of the Restatement (Second) of Torts precludes all strict liability claims arising from injuries caused by certain categories of products, including prescription pharmaceuticals and medical devices. This widely adopted rule leaves drug and device manufacturers subject to negligence claims only. The balance struck by Comment k ensures the availability of critical, life-saving therapies by eliminating liability for unavoidable harms.
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