Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

KickerFeaturesSectionsNewsLJN NewslettersProduct Liability Law & Strategy

What To Do When 'Strict' Means 'Strict'

BY Samuel W. Silver
December 01, 2003

It is well known that the doctrine of strict liability imposes responsibility upon manufacturers without regard to their fault or the degree of care they may have exercised in designing their products. Yet, in some jurisdictions the law of strict liability is stricter than in others, and courts in these “strict-strict liability” jurisdictions may prohibit the employment of certain common defenses to product liability claims. Manufacturers that find themselves on the defense in such jurisdictions may face the unexpected and initially unpleasant news that the trial on the horizon really will be about the product, the whole product and nothing but the product, and that the sole question for the jury may be “can someone given 20/20 hindsight fathom a plausible way to make this product safer?” Such manufacturers will often find that what they were hoping to rely upon for the cornerstone of their defense ' explaining who, what, where, when, why and how from the company's perspective ' is not only irrelevant but also inadmissible at trial.

In this article, we ' two defense lawyers who practice regularly in the strict-strict liability state of Pennsylvania ' explore some of the roadblocks that the defense may encounter in trying a design defect case in such a jurisdiction. We use a recent case in which we successfully defended a forklift manufacturer against a design defect claim in Pennsylvania, Snyder v. Baker Material Handling Corp., January Term, 1999, No. 91 S 99 (Court of Common Pleas of Dauphin County, Pennsylvania), verdict 6/6/03, to illustrate that one way for defendants to prevail in such a case is to turn the court's rulings limiting their evidence to their advantage. Embracing strict liability rather than bemoaning its severity will sometimes be a defendant's best trial tactic.

We note at the outset that one issue we do not discuss in this article is the nuts and bolts of the technical defense of the specific design defect claim at issue in the Snyder case or any other case. The purpose of this article is not to address specific cases, but rather to suggest some ideas that might be useful to counsel trying all manner of design defect cases.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.