Over the past year, products liability litigators have, for good reason, focused their attention on the game-changing products liability case,Tincher v. Omega Flex, 104 A.3d 328 (Pa.2014). In Tincher, the Pennsylvania Supreme Court changed the way products liability cases are litigated in our courts. So, it goes without saying that the focus on Tincher is well founded.
However, what is not mentioned in the recent Tincher discussions is the fact that many products liability claims are won or lost months—in some cases years—prior to the product liability complaint ever being filed.
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