Pa. Panel Rules 'Industry Standards' Still No Defect Defense

Law360 (April 15, 2021, 8:48 PM EDT) -- A contractor hurt by a collapsing scaffold will keep a $2.5 million jury award after the Superior Court of Pennsylvania affirmed Thursday that the scaffold maker couldn't claim it was merely following the standards set by others in its industry.

The appellate panel's precedential ruling reestablished that such "industry standards" evidence could not be used in strict liability cases, even after the Supreme Court of Pennsylvania's 2014 ruling in Tincher v. Omega Flex Inc. had torn down the state's long-standing wall keeping other negligence-related concepts out of strict liability suits.

"It is irrelevant if a product is designed with all possible...

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