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Expert Analysis

Juries Must Know About Products' Standards Compliance

By Albert Piccerilli (May 31, 2017, 10:56 AM EDT) -- In Tincher v. Omega Flex Inc., 104 A.3d 328 (Pa. 2014), the Pennsylvania Supreme Court reversed course by overruling its longstanding decision in Azzarello v. Black Bros. Co., 391 A.2d 1020 (Pa. 1978), and holding, in a strict product liability design defect case, that it should be the jury as the finder of fact — not the judge ruling as a matter of law (as Azzarello had required) — that resolves the threshold question of whether a product is "unreasonably dangerous." Tincher, 104 A.3d at 406-07. The Tincher court anticipated that the ramifications of its decision would develop on a case-by-case basis. Id. at 410....

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