Pennsylvania remains unsettled – not with the 2012 Presidential election – but with the adoption of the Restatement (Third) of Torts

October 19, 2012

Pennsylvania products liability law remains unsettled and a recent decision from the Third Circuit Court of Appeals only highlights the confused state of the law and the divergent standards that may be applied in the state and federal courts.  With its decision in Sikkelee, et al. v. Precision Airmotive Corporation, et al., 12-8081, — F.Supp.2d — (3d Cir. Oct. 17, 2012), the Circuit reaffirmed its two prior opinions that federal courts sitting in diversity should look to sections 1 and 2 of the Restatement (Third) of Torts: Products Liability as the standard for defining whether a product is defect.   In contrast, the Supreme Court has yet to definitively address the applicability of the Restatement (Third), and most recently noted in Beard v. Johnson & Johnson, Inc., 41 A.3d 823, 839 (Pa. 2012) that section 402A of the Restatement (Second) is the current law of Pennsylvania.  What this split means in practice is that products cases in Pennsylvania may have markedly different outcomes depending upon whether they proceed in state or federal court, as the federal courts shift away from Pennsylvania’s traditional standard may allow for broader consideration of conduct related evidence.

Related Information:

News & Events

Related News

Pietragallo Welcomes Back Anthony Sarafino “Fino” Caliguire
April 7, 2025
We are pleased to announce Fino Caliguire has rejoined Pietragallo’s Pittsburgh Office! Fino brings with him a wealth of civil litigation experience, with a primary focus on commercial litigation matters, including breach of government contracts, vendor disputes, internal LLC member disagreements, defending employee class actions, handling insurance bad faith claims, and enforcing restrictive covenants. Read More
Marc S. Raspanti to Co-Host Roundtable for American Bar Association Criminal Justice Section Qui Tam Subcommittee
April 4, 2025
On April 10, in Miami, FL, partner Marc S. Raspanti will be co-hosting “False Claims Act Enforcement Roundtable” for the American Bar Association Criminal Justice Section Qui Tam Subcommittee. Read More
View More News & Events