Recklessness Must Be Pled As Defect Defense: Pa. High Court

Law360, Philadelphia (November 27, 2012, 4:27 PM EST) -- The Pennsylvania Supreme Court issued a precedential ruling Monday that defendants in product liability cases claiming plaintiffs engaged in highly reckless conduct must plead and demonstrate such actions as an affirmative defense, upholding a decision to grant a new trial to a hunter suing over an allegedly defective tree stand.

The high court concluded that since the manufacturers — four parties including Asia Trend Inc. and Remington Arms Company Inc. — alleged that Duane Reott's injuries were a result of his "highly reckless conduct" in installing...
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