Pennsylvania Products Liability
Products Liability Defense in Pennsylvania
The term “product liability” generally refers to the liability of a manufacturer, processor or nonmanufacturing seller for injury to the person of property of a buyer or third party caused by a product which has been sold. Generally speaking, there are three different types of product liability claims; manufacturing defects, design defects and failure to warn claims.
In Pennsylvania, a plaintiff can bring a cause of action against the manufacturer, seller or distributor of a product under strict liability, negligence and breach of warranty claims.
The attorneys at Houston Harbaugh, P.C., have significant experience defending manufacturers, sellers and distributors of a variety of products in Pennsylvania and beyond from the time of the initial claim through trial in state and federal courts.
Applicable Law in Pennsylvania Products Liability Actions
The landscape of products liability law in Pennsylvania is uncertain. We currently have a split of authority with regard to whether the Restatement Second of Torts of the Restatement Third of Torts should be applied substantively in Pennsylvania products liability cases. This rift has existed for quite some time, and the split now is between the state and federal courts, and in some respects between the several federal courts and judges.
Over the last two years, the federal courts for the Eastern, Middle, and Western District of Pennsylvania have issued opinions which favor alternatively both the Restatement Second and the Restatement Third in products liability cases. The Pennsylvania Supreme Court, however, has do far held that the Restatement Second is to be applied in all strict products liability cases in Pennsylvania.
This may change soon, as the Pennsylvania Supreme Court is currently evaluating whether to replace the Restatement Second with the Restatement Third in Pennsylvania.
Our Knowledge and Experience in Pennsylvania Products Liability Cases
In this climate of uncertainty, our attorneys have been trial counsel for product manufacturers, suppliers and distributors, and they have frequently acted as local counsel to not only guide clients through the procedural complexities of Pennsylvania practice, but to also advise and guide clients through the unpredictable substantive areas of the law which have either changed, are changing or are up for interpretation.