“State High Court Should Adopt 3rd Restatement on Products Liability”

Published by the Washington Legal Foundation.

In the eleven years since the American Law Institute promulgated the Restatement (Third) of Torts: Product Liability, the Pennsylvania Supreme Court has twice had the opportunity to adopt the new Restatement’s carefully-balanced marriage of strict liability and negligence concepts and to abandon once and for all the ill-designed, and now outmoded, Section 402A of the Restatement (Second). Both times the Court has sent decidedly mixed signals about its willingness to make this change.