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.
Liberty Mutual Decision
In Liberty Mutual Fire Insurance Company v. Sharp Electronics (M.D. Pa. July 5, 2011, Jones, J.), Judge John...
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