State Of Confusion: Design Defect Cases In Pa.

Law360, New York (November 25, 2009, 3:56 PM EST) -- For years, manufacturers and their defense counsel have argued for a change to Pennsylvania’s products liability law to allow juries to consider alleged design defects in accordance with the “risk/utility” construct so popular elsewhere.

They have been rebuffed, however, because “risk/utility” necessarily carries with it the connotation of a “reasonable man” or “reasonable choice” test.

On the other side of the aisle, plaintiffs and their counsel have argued for some inclusion of forseeability concepts in design defect cases in Pennsylvania in order to protect non-user bystanders...
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