Wade Clark Mulcahy LLP

In product liabity cases, PA has followed the Restatement 2nd of Torts. Under the Restatement 2nd, only "intended users" and not bystanders can maintain a product liabilty claim. The 3rd Circuit has now just overturned that understanding. In the case of <i>Berrier v. Simplicty, et al.</i>, the 3rd Circuit has just ruled that it believes that the Pennsylvania Supreme Court is likely to soon adopt the Restatement 3rd of Torts. Under the Restatement 3rd, a bystander can maintain a product liability claim. This represents a major change in PA law.
<a href="http://www.ca3.uscourts.gov/opinarch/053621p.pdf">http://www.ca3.uscourts.gov/opinarch/053621p.pdf</a>