The state Supreme Court is set to hear whether the Restatement (Second) of Torts or the Restatement (Third) of Torts should govern Pennsylvania products liability at oral arguments today in Pittsburgh.
Opposing parties in Tincher v. Omega Flex are scheduled to argue whether the “strict liability analysis of Section 402A of the Second Restatement” should be replaced by the Restatement (Third) of Torts analysis, and whether the court’s holding should be applied prospectively or retroactively.
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