Stephen McConnell, left, and James M Beck, right, of Reed Smith. Courtesy photos Pennsylvania's Exclusion of Compliance Evidence
Any products liability defendant will attest to the importance of compliance with regulatory standards. Lack of such compliance would be a vulnerability, perhaps even resulting in negligence per se. Proof of such compliance, by contrast, might support a complete defense of preemption. See, e.g., Riegel v. Medtronic, 552 U.S. 312 (2008). Even absent preemption, evidence of compliance can provide comfort to a jury that the product is reasonably safe. But in Sullivan v. Werner, 306 A.3d 846 (Pa. 2023),'Erie' and Pa.'s Exclusion of Evidence of Compliance With Government Standards
The Pennsylvania Supreme Court affirmed a lower court ruling that barred evidence of a product manufacturer's compliance with government (and industry) standards in a strict liability design defect case.
October 24, 2024 at 11:09 AM
13 minute read
Products Liability
Stephen McConnell, left, and James M Beck, right, of Reed Smith. Courtesy photos
Pennsylvania's Exclusion of Compliance Evidence
Any products liability defendant will attest to the importance of compliance with regulatory standards. Lack of such compliance would be a vulnerability, perhaps even resulting in negligence per se. Proof of such compliance, by contrast, might support a complete defense of preemption. See, e.g., Riegel v. Medtronic, 552 U.S. 312 (2008). Even absent preemption, evidence of compliance can provide comfort to a jury that the product is reasonably safe. But in Sullivan v. Werner, 306 A.3d 846 (Pa. 2023),
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