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Expert Analysis

The Product Malfunction Theory Lives On

Law360, New York (August 23, 2011, 4:50 PM EDT) -- The malfunction theory permits a plaintiff in a products liability action to pursue a product failure matter based on circumstantial evidence even when the product has been destroyed. This theory was recently reaffirmed in Pennsylvania in Liberty Mutual Fire Insurance Co. v. Sharp Electronics Corp., 2011 (M.D. Pa. July 5, 2011, Jones, J.) permitting a cash register failure to be pursued under circumstances discussed below....

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