In a potential curtain raiser on the future of Pennsylvania products liability law, the 3rd U.S. Circuit Court of Appeals predicted Tuesday in a ruling that the Pennsylvania Supreme Court will import negligence concepts into the strict liability doctrine by adopting portions of a torts legal treatise.
The 3rd Circuit panel of Judges Theodore A. McKee, Thomas L. Ambro and D. Michael Fisher predicted that, because Pennsylvania’s products liability law is a confused affair, the Supreme Court will adopt Sections 1 and 2 of the American Law Institute’s Restatement (Third) of Torts . The ALI restates common law and distills caselaw in order to propose what form law should take, and courts often use the ALI’s work in their rulings.
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