In Tincher v. Omega Flex, Inc., 104 A. 2d 328 (Pa. 2014), the Pennsylvania Supreme Court cast aside more than 35 years of precedent when it reformulated the standards determining the circumstances under which a product is considered defective within the context of the Restatement (Second) of Torts, Section 402 (A). From the court’s decision in Azzarello v. Black Bros. Co., 391 A. 2d 1020 (Pa. 1978) until Tincher, a product defect existed if the product lacked any feature necessary for it to safely perform its intended function or had any condition that rendered it unsafe for its intended use. Tincher rejected these criteria, holding instead that a plaintiff could prove the existence of a product defect by showing that (1) the danger posed by the product is unknowable and unacceptable to the ordinary consumer or (2) a reasonable person would conclude that the probability and seriousness of harm caused by the product outweigh the burden or costs of taking precautions.
Continue Reading Tincher Returns to Blow Away Some of Its Own Smoke