Tincher v. Omega Flex, Inc.

Case Updates

In its brief, NCLC urged the Pennsylvania Supreme Court to reverse the ruling of the Superior Court, adopt §§ 1-2 of the Third Restatement, apply the decision retrospectively, and remand the case for a new trial. In its amicus brief, NCLC argued that product liability claims have evolved and expanded in ways never expected by the authors of the Restatement of Torts § 402A. The Reporters of § 402A were focused on manufacturing defects. In subsequent years, courts struggled to apply strict liability concepts to design defects and failure to warn claims. NCLC argued that Pennsylvania's unique strict products liability jurisprudence has become unworkable and needs to be replaced with a modern, mainstream approach. NCLC urged the Court to adopt the Third Restatement puts an end to this doctrinal disorder.