Pennsylvania Supreme Court Adopts New Standards For Strict Liability Claims

On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc. (No. 17 MAP 2013), in which it addresses the proper standard under Pennsylvania law for strict liability claims relating to allegedly defective products. Although the court declined to adopt the Restatement (Third) of Torts, it overruled the court's prior holding in Azzarello v. Black Brothers Company, 391 A.2d 1020 (Pa. 1978), which created roadblocks to the introduction by defendants of the reasonableness of their actions in designing products.

Strict liability for defective products developed from the social policy determination that the cost of injuries resulting from defective products should be borne by the manufacturers of the products rather than by the injured persons.[1] For almost 50 years, strict liability under Pennsylvania law has been governed by Section 402A of the Second Restatement of Torts, which provides that "one who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability [for the harm caused] ... ."

The term "unreasonably dangerous" naturally involves a balancing between what is reasonable and what is not, which is similar to the fault-based notions encompassed by negligence claims. However, in Azzarello, the Pennsylvania Supreme Court drew a bright line between the strict liability cause of action and a negligence claim. The court refused to permit defendants to offer evidence relating to the reasonableness of their actions or to permit juries to evaluate whether a product was "unreasonably dangerous." As a result, Pennsylvania juries were instructed that a manufacturer is not an insurer of its products, although it is a guarantor of the safety of its products. Unfortunately, juries were given no guidance on the meaning of the terms "insurer" and "guarantor." As a consequence, Pennsylvania developed into a plaintiff-friendly jurisdiction for strict liability claims by eliminating the plaintiff's burden of showing that a product was "unreasonably dangerous" and by refusing to allow defendants to demonstrate that the utility of its products outweighed the risks of those products.

In Tincher, the Pennsylvania Supreme Court overruled the Azzarello decision, noting that the strict liability/negligence dichotomy under Pennsylvania law was not mandated by Section 402A of the Second Restatement and had proved to be unfair and...