This just in: Finally, the Pennsylvania Supreme Court has taken the Restatement Second/Restatement Third issue for products liability. Here’s the order. Here is the relevant language:
AND NOW, this 26th day of March 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. . . .
The issue, slightly rephrased, is:
Whether this Court should replace the strict liability analysis of Section 402A of
the Second Restatement with the analysis of the Third Restatement.
In addition, the parties are directed to brief the question of whether, if the Court
were to adopt the Third Restatement, that holding should be applied prospectively or
Tincher v. Omega Flex, No. 842 MAL 2012 (Pa. March 26, 2013).
It’s about time.