Bradley Remick of Marshall Dennehey. Courtesy photo

The More Things Change ... Pennsylvania Products Liability Law

We were certain that the Azzarello standard, the artificial distinction between negligence and strict liability, was going to fade to some extent and strict liability defendants were going to be afforded the opportunity to present evidence that was relevant to their defenses. Instead, rather than adopting the Restatement (Third) of Torts, the court surprisingly adopted the risk utility and consumer expectation tests that were first developed in California.

March 29, 2024 at 10:34 AM

8 minute read

Products Liability

Bradley D. Remick

Back in November 2014, the Pennsylvania Supreme Court revolutionized the products liability landscape in their Tincher v. Omega Flex decision. At the time, we all believed that Tincher was going to redefine products liability law in the commonwealth. We were certain that the Azzarello standard, the artificial distinction between negligence and strict liability, was going to fade to some extent and strict liability defendants were going to be afforded the opportunity to present evidence that was relevant to their defenses. Instead, rather than adopting the Restatement (Third) of Torts, the court surprisingly adopted the risk utility and consumer expectation tests that were first developed in California.