Editor’s note: This is the second article in a two-part series. Click here for the first part.
In announcing its long-awaited decision in Tincher v. Omega Flex, 2014 Pa. LEXIS 3031, the state Supreme Court ruled that Pennsylvania’s 40-year-old case law should be reformulated. Unfortunately, the court’s effort in Tincher may not have succeeded in bringing clarity and a universally workable definition of product defect to the state. And, as explained below, even if the new legal standards adopted to gauge whether a product is defective are workable, the court’s decision left in its wake a host of legal issues that will undoubtedly create havoc and uncertainty for years to come. Foreseeing the inevitable fallout from its decision, the court said:
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