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- More news on the Whole Foods beef recall
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- Equal justice under law must be campaign issue
- I call insurance company rules!
- Three more salmonella cases confirmed in N.J.
- Retailer Sues UL for Certifying Defective Heaters
- Tomatoes linked to Pa. salmonella
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- Interactive Guide to Your Body
- Federal Court Jury Awards 6.2 Million Dollars in TASER-Related Death
Premises Liability: The Slip and Fall
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
- Drunken man paralyzed after fall down stairs gets $17M
- Skiier Injured Exiting Chairlift Did Not Assume Risk
- Former pro football player gets $1.1M for fall in store
- Family of resident who died from sepsis awarded $2M
- Hotel guest injured when chair broke awarded $550,000
- Concierge gets $3.78M for fall at hotel
- Scalded tenant gets $2M from landlord
- Worker recovers for fall caused by 'junk brick'
- Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million
Vehicle and Automobile Accidents
- PennDOT construction workers authorized to write police arrest reports
- Court Holds Police Officer Injured Outside His Cruiser Is A Protected Person
- Allstate Finally Gives Up McKinsey Documents in Florida
- Unhealthy neglect of CDL standards in Pennsylvania
- When does ATV riding become illegal?
- Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee
- New Pennsylvania Federal Court Section 1734 Sign Down Case Nullifies Alleged Sign down Of UIM Coverage
- New case law on signing releases in complex cases
- The importance of wearing your helmet while riding an ATV
- Federal Verdict Against GM in Rollover Lawsuit
Workers' Compensation
- Conveyor's designer pays $1.4M to man whose arm was snared
- I'm in the news....
- Anti-Union Sentiment in Religious Institutions
- Pennsylvania Workers' Compensation Judge Book
- The Defense Base Act Protects American Workers Injured in Iraq and Afghanistan
General
- Whole Foods recalling possibly contaminated beef
- Study finds settling is better than going to trial
- New Consumer Safety Legislation
- Emergency Unemployment Compensation
- Top Pa. judge: Counties to get longer jury lists
- Toymakers Frustrated by Patchwork of Safety Rules
- Athens attorney Maureen T. Beirne nominated by governor for county judgeship
- Health "Insurance Jive": Do you speak insurance?
- U.S. Supreme Court deals with ERISA disability determinations
- It pays for defendants to settle quickly and easily
Legal News
Bradford County Court in the News
Athens lawyer attends conference
Workers compensation claim filed against Sayre Borough
Athens attorney Maureen T. Beirne nominated by governor for county judgeship
Press Release: Carrie Carroll Awarded Honor
CraftMaster offering buyouts to its salaried employees in Towanda, Pa
Bradford County launches victim notification system
Bradford County Court House In The News
CNN: What To Do After A Car Accident
Legal Library
Personal Injury
- Secrets Kept From Juries In Personal Injury Cases
- Health Plan Sues Accident Victim to Recover Entire Settlement Recovery
- Schizophrenia and Traumatic Brain Injury
- Filing a Wrongful Death Lawsuit in Pennsylvania and New Jersey
- Eight Things You Should Know About Pursuing An Injury Claim
Premises Liability: The Slip and Fall
- Supermarkets Especially Prone to Slip and Fall Injuries
- New Pennsylvania Superior Court Case on Dog Attack
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- How to Make a Claim for Injuries Due to a Dog Bite-Part I
- Slip and Fall Cases in Pennsylvania and New York
Workers' Compensation
- Filing Your Mesothelioma Law Suit - Frequently Asked Questions
- Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule
- Flow of a Pennsylvania Workers' Compensation Claim
- Employment Accidents -- An Overview
- Former Welder's $1 Million Verdict Will Stand
Vehicle and Automobile Accidents
- Common Insurance Company Arguments
- School Bus Accidents Can Be Prevented by Safety Training and Parking Lot Design
- Traumatic Brain Injuries Associated With Motorcycle Accidents
- A Basic Understanding Of Car Accident Cases
- Crashworthiness: A Legal Doctrine
Newsletters
General
Compliance with Industry Standards Not Admissible in Defective Product Strict Liability Action
Juan Perez filed a lawsuit against Townsend Engineering Company concerning a skinning machine, in which Perez included strict products liability and negligence theories under Pennsylvania law. As trial approached, Perez filed a motion in limine seeking to preclude Townsend from introducing evidence of compliance with industry standards, customs and regulations; specifically, the machine’s conformity with USDA and European standards.
To meet Townsend’s argument that compliance with standards was proper in light of the negligence theory, Perez withdrew that claim. Townsend then argued that it would be unfair to allow Perez to present evidence of available alternative designs for the machine to support the defective design product liability claim, but not allow Townsend to show compliance with standards.
The Court noted that the purpose of a strict liability action is undermined by the introduction of negligence concepts. Perez argued that evidence regarding industry standards injected negligence concepts as those were a reflection of the reasonableness of Townsend’s action and not the state of the product.
The Court relied upon Pennsylvania case law that evidence of industry standards is not admissible in strict liability cases to show the absence of a product defect. Here, since the only claim to be presented to the jury was strict liability under Section 402A of the Restatement (Second) of Torts, there was no relevance to industry standards.
The Court sustained the motion in limine and ruled that Townsend would not be permitted to present evidence of compliance industry standards for the purposes of demonstrating the lack of a defect in its product.
To see the whole article, go to JudicialView.com.
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Carroll & Carroll, P.C.
100 Center Street
Athens, PA 18810
Phone: (570) 882-8683
FAQs
Personal Injury
- I was injured in a car accident and the other driver's insurance company has requested that I send them my medical records. Should I?
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Workers' Compensation
- What workers' compensation benefits am I entitled to?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
- Should an injured worker apply for unemployment benefits?
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