Larry Coben, shareholder at Anapol Weiss. Courtesy photo Where Have All the Defenses Gone in a Products Liability Case?
Product manufacturers typically raise the following defenses in the trial of strict liability-personal injury/wrongful death cases in Pennsylvania.
October 28, 2021 at 12:40 PM
6 minute read
Product manufacturers typically raise the following defenses in the trial of strict liability-personal injury/wrongful death cases in Pennsylvania.
|- The product complied with all industry and government standards.
- The product met or exceeded the state of the industry/customs and practices.
- The plaintiff was comparatively at fault.
- There was no feasible alternative design.
- Other parties or nonparties at fault.
Under Pennsylvania law, most of these factual/legal assertions should not see the "light of day" at trial. Our appellate courts have spoken on these issues:
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