One of the items an insurance adjuster will look at when valuing a product liability claim is to see how much the plaintiff incurred in medical expenses and medical bills after the accident. Naturally, if the injuries sustained by the plaintiff are truly “serious,” it is reasonable to expect that there will be a sizeable claim for reimbursement for the plaintiff’s medical expenses. Plaintiffs’ attorneys are aware of this and as a result will typically try to inflate the figure that represents the plaintiff’s past medical expenses. An experienced plaintiffs’ attorney recognizes that the defendant’s insurance carrier may value their client’s claim based in part on the amount of the plaintiff’s incurred medical expenses, and, as such, they want to make that figure as large as possible to maximize their client’s potential settlement or recovery at trial.

Continue Reading Recovery for Medical Expenses When a Plaintiff with Medical Insurance Opts to Treat on a Lien Basis

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