Larry Coben, shareholder at Anapol Weiss. Courtesy photo A Product Should Be Judged on the Consumer's Expectation, Not on Whether It Is Unreasonably Dangerous
Pennsylvania has steadfastly held to the principle that in strict products liability cases, evidence of a manufacturer's due care is both irrelevant and inadmissible.
January 30, 2024 at 10:21 AM
6 minute read
As I've previously written, Pennsylvania products liability law remains thoughtfully true to the letter and intent of the Restatement of Torts 2d, Section 402 A (1965). Current standard civil jury instructions provide this astute directive to jurors deciding the question of a product's defect: "Under the law, a [specify type of supplier: distributor/manufacturer/seller/etc.] of a defective product is strictly liable for the injuries caused by such defect, even if the [specify type of supplier: distributor/manufacturer/seller/etc.] has taken all possible care in the design, manufacture, distribution and sale of the product." See 16.10 General Rule of Strict Liability, PA-JICIV (2020).
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