Tincher v. Omega Flex: Pennsylvania Product Liability Law Undergoes a Sea-Change
With the Pennsylvania Supreme Court’s November 19, 2014 opinion in Tincher v. Omega Flex Inc., the long established and long criticized law of strict products liability in Pennsylvania has undergone a profound shift. In a 139 page 7 judge majority opinion authored by Chief Justice Ronald Castille, the Court overruled its 1978 opinion in Azzarello v. Black Brothers, did away with decades of later precedent, and adopted an entirely new test for evaluating design defect claims under the Restatement (Second) Torts § 402A.
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