Larry Coben, shareholder at Anapol Weiss. Courtesy photo Pennsylvania Strict Liability: Duty to Nonusers Within the Zone of Danger
Strict liability in tort is a principled doctrine that recognizes the obligation of product manufacturers and sellers to only market nondefective products. That responsibility must extend the right of recovery to anyone who is harmed by a flaw in the product.
December 09, 2022 at 11:51 AM
9 minute read
In 2014, when the Pennsylvania Supreme Court revised the commonwealth's application of the Restatement of Torts 2d, Section 402 A, to common law products liability defect cases, it left somewhat unsettled a host of issues, including what the court characterized as the application of strict tort liability to "bystander compensation." See Tincher v. Omega Flex, 104 A. 3d 328, 432 (Pa. 2014). While this issue was not ripe for analysis, the Tincher court mentioned earlier precedent in both state and federal courts that have commented upon the application of strict liability to nonusers injured by a defective product, citing to Berrier v. Simplicity Manufacturing, 563 F. 3d 38 (3rd Cir. 2009) (which cited to state and federal court decisions allowing nonuser strict liability recovery.)
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