WebAfter 'Tincher,' Tried and True Products Liability Defenses Remain Just That Stephen J. Finley, Jr., January 26, 2016 - 2 - Product Misuse The U.S. District Court for the Middle District of Pennsylvania was the first to examine the product misuse defense in the aftermath of Tincher. In Nathan v. Techtronic Industries North WebAug 18, 2016 · The Pennsylvania Supreme Court after several fits and starts did not “adopt” Restatement of Tort (Third) §402(A); but nonetheless, set products liability law on a new course in Pennsylvania.
Pennsylvania Superior Court Permits Evidence of Industry and …
WebJul 1, 2024 · In Palmer, the district court traced the history of the rule, before and after Tincher, and reached several conclusions. The court echoed the pre-Tincher refrain that a “defective design could be widespread in the industry, and hence, evidence that a product comported with industry standards was not proof of non-defectiveness.” However, the ... WebMar 12, 2024 · After the Pennsylvania Supreme Court handed down the first Tincher decision in 2014, it remanded the matter to the trial court and instructed the trial court to consider whether the defendant was entitled to a new trial in light of the new standard articulated in the Supreme Court’s opinion. small seed tick burrowed in the skin
Journal of Technology Law & Policy - ResearchGate
WebThe state of Michigan needs to be next in line. The administration of peace would be improved. Individuals would be sparred from prosecution and truly evil behavior can be … WebFor example, after Tincher, fewer cases will be dismissed pretrial than before. No longer are judges “gatekeepers” who act as “social philosophers” to determine whether, as a matter of law, a product may be deemed to be defective by the finder of fact. 8 ... Id. at 118.“[T]he strict liability cause of action sounds in tort”. 7. Id ... WebDec 4, 2014 · Tincher adopted a standard of defect where a Plaintiff can prove design defect liability under EITHER the “consumer expectations standard” or “risk/utility balancing approach” (or both) which have been developed in the common law in other jurisdictions. small seed trays