The state Supreme Court has held that Pennsylvania will continue to follow the Restatement (Second) of Torts in products liability cases.
Ruling 4-2 in its decision in Tincher v. Omega Flex, the court declined to adopt the Restatement (Third) of Torts, which would have allowed defendants to introduce elements regarding the foreseeability of a product's risks, and whether alternative, safer designs were available when the product was manufactured.
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