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In Pennsylvania: Product-Liability Law Post-<i>Tincher</i>
In announcing its long-awaited decision in Tincher v. Omega Flex, 2014 Pa. LEXIS 3031, the state supreme court ruled that Pennsylvania's 40-year-old case law should be reformulated. Unfortunately, the court's effort in Tincher may not have succeeded in bringing clarity and a universally workable definition of product defect to the state. And, as explained below, even if the new legal standards adopted to gauge whether a product is defective are workable, the court's decision left in its wake a host of legal issues that will undoubtedly create havoc and uncertainty for years to come. Foreseeing the inevitable fallout from its decision, the court said:
We note that the area of strict liability law remains complex and our decision here does not purport to foresee and account for the myriad implications or potential pitfalls as yet unarticulated or unappreciated. Thus, at the trial level, and as with other legal concepts, it is incumbent upon the parties, through their attorneys, to aid courts in narrowing issues and formulating appropriate instructions to guide juries in their factual determinations.
The court went on to say:
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