Jeffrey Laffey, with Laffey Bucci Kent. Courtesy photo The Significance of 'Sullivan v. Werner' in Strict Products Liability Post-'Tincher'
In holding that compliance evidence is inadmissible, the Superior Court in Sullivan acknowledges the real possibility that the entire industry may be defective and thus, evidence that the product in question complied with industry standards is of no import.
January 16, 2023 at 12:52 PM
7 minute read
The Pennsylvania Supreme Court's 2014 seminal decision in Tincher v. Omega Flex changed the lenses by which a jury determines whether a product is defectively designed. Tincher now requires the jury to determine whether the subject product is unreasonably dangerous and defective, and a jury makes this determination by considering specifically enumerated factors in two tests: the risk-utility test and the consumer expectations test. In most cases, a plaintiff has the freedom to pursue either or both tests.
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