Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Personal Injury

    12/4/2008
    James R. Carroll, Jr., Esquire
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    Third Restatement of Torts Tops High Court's Agenda

    When the Pennsylvania Supreme Court convenes this week in Harrisburg, a major products liability case will be on its agenda.  Bugosh v. I.U. North America, Inc. could pull the state into the mainstream on product liability law or further entrench the Commonwealth in its own rules. PaAJ participated as Amicus on this case. Read more  from the Legal Intelligencer.  Read the Superior Court opinion.

    This potentially landmark case could reshape products liability law by adopting the anti-consumer Restatement of Torts (3rd).  Former PaAJ President Cliff Rieders argued in favor of keeping Pennsylvania law consistent with the second restatement.

    According to Rieders, the court showed great interest in his argument that the results in cases involving suppliers or distributors would be the same under either the restatement second or the restatement third.  The court did, however, engage in a lengthy “prospective” discussion about the application of the restatement third and its viability in future cases.  Rieders said that the court was extremely thoughtful and receptive to the historical importance of the restatement second, 402A.
    Labels: case law defective products defectively designed PaAJ pennsylvania supreme court product liability restatement of torts


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