Steven F. Reilly Blog

Pennsylvania Supreme Court Case May Change Product Liability Laws

Periodically, a case comes before the state supreme court that gives justices the opportunity to significantly change how a Pennsylvania law is interpreted. Such an event is before us now, in relation to product liability law and how courts across PA determine whether or not a manufacturer is responsible for their defective products.

The case before the courts currently is Bugosh v. I.U. North America, in which a victim was allegedly injured by products containing asbestos. But what is really on trial is Pennsylvania's historically rigid stance on defective products that better protect victims injured in such cases. If the outcome of the case is in favor of the defendant, it may set a precedent that will help big business manufacturers and retailers in product liability cases instead of helping those hurt by products.

Under the newly proposed standard, plaintiffs may be required to prove that manufacturers or retailers acted unreasonably or negligently while designing the product or by providing inadequate warnings and instructions. In the past, plaintiff simply had to convince the jury and judge that the product had a defect, that the defective product caused the injury, and that the defect existed when the product left the factory.

You may read more about this important case and its possible consequences here:

• K&L Gates: "Products-liability: Pennsylvania Supreme Court Ponders Changing the Standard for Deciding if a Product Is Defective"
• PointOfLaw.com: "Pennsylvania: retreat from strict product liability urged"
• Legal Intelligencer Blog: "Pa. Supreme Court May Import Negligence Concepts Into Products Liability Law"
• LexisNexis Legal News & Litigation Report: "Supplier Argues Pennsylvania Asbestos Claim Governed By 3rd Restatement Of Torts"