Advertising Disclosure Email Disclosure

Whether product is in “defective condition unreasonably dangerous to the user or consumer” is question of fact ordinarily reserved for fact finder.

April 1, 2017
High v. Pennsy Supply, Inc., 2017 Pa. Super. LEXIS 19, 2017 PA Super 10, CCH Prod. Liab. Rep. P19,981 (Pa. Super. Ct. 2017)

The plaintiffs in this strict product liability action asserted claims against a concrete distributor alleging, in part, that the dangers of the product were not commonly known to the average consumer. On appeal, the Pennsylvania Superior Court held that the trial court erred in granting summary judgment for the defendant. Citing Tincher, the Superior Court explained, “The critical inquiry in affixing liability is whether a product is ‘defective,’” which, in turn, “depends upon whether that product is ‘unreasonably dangerous.’” The Superior Court reaffirmed that this is a question of fact that is to be “removed from the jury’s consideration only where it is clear that reasonable minds could not differ on the issue.” Citing case law from other jurisdictions, the Superior Court found that a genuine issue of material fact existed as to whether an ordinary consumer would reasonably anticipate the subject danger and attendant risks of the subject product. Therefore, “[t]he determination of whether the [product] was in a defective condition unreasonably dangerous to the consumer should have been left to the jury to decide . . . .”

 

Case Law Alerts, 2nd Quarter, April 2017

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

(267) 295-4032
kgcavanagh@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."