PUBLISHED ARTICLES ON DEVELOPMENTS IN PRODUCT LIABILITY LAW IN THE PHILADELPHIA TRIAL LAWYERS ASSOCIATION’S VERDICT MAGAZINE

Congratulating Joseph Z. Traub and Dan Bencivenga on publishing articles on developments in product liability law in the Philadelphia Trial Lawyers Association’s Verdict magazine. Joe’s article discussed the impact on jury instructions of the Pennsylvania Supreme Court’s landscape-changing opinion in Tincher v. Omega Flex. Jury instructions are particularly important in light of the opinion having crafted novel means for a jury to determine if a product is defective: the risk utility test and the consumer expectations test. Dan analyzed Sullivan v. Werner Co, a 2021 Superior Court case which concluded that notwithstanding Tincher’s erasure of the bright line between strict liability and negligence, Tincher made clear that Section 402A of the Restatement remains the “touchstone” of Pennsylvania strict liability law. If you or a loved one has been critically injured due to a defective product, please call our office for an evaluation.