Pennsylvania Supreme Court Geared To Decide Whether To Replace The Strict Liability Analysis Of The Second Restatement Of Torts With That Of The Third

As predicted in my prior blog entitled, " The Restatement (Second) of Torts Continues To Apply In Pennsylvania", on Tuesday the Pennsylvania Supreme Court granted a Petition for Allowance of Appeal in Tincher v. Omega Flex, Inc., 2013 WL 1222123 (Pa. March 26, 2013) to determine the issue of whether to replace the strict liability analysis of Section 402A of the Second Restatement of Torts with the analysis of the Third Restatement.

If adopted, the Third Restatement will arguably make it more difficult for Plaintiffs...