Conquering Pa.'s Product Liability Conundrum

Law360, New York (January 18, 2013, 12:28 PM EST) -- For nigh on 40 years, the Pennsylvania Supreme Court has tilted with an imaginary legal windmill of its own making: that negligence principles have no legitimate place in a products liability case.[1] Given the original judicial rationale for the adoption of products liability, this predilection is not surprising. When viewed through the crucible of actual experience, there is no compelling reason to persist in this mythical joust.

The current conundrum of products liability jurisprudence in Pennsylvania’s state and federal courts can readily be solved simply by...
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