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Hidden Danger in PA

December 9, 2022

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<p style="text-align: justify;">In<em> <a href="">McPeak</a> v. Direct Outdoor Products, LLC,</em> 2022 WL 4369966 (E.D. Pa. Sept. 20, 2022), plaintiffs brought a personal injury action against defendants after plaintiff fell twenty feet to the ground when the steel cables attached to defendants’ hunting tree stand broke beneath him. The occurring corrosion of the cables was obstructed by the black polymer coating on the entire exterior of the cable.</p>
<p style="text-align: justify;">The Court found that plaintiffs’ design defect claim survived the consumer expectation test because a factfinder could find that the dangers of the corroded cables breaking were unknowable or unacceptable to the average ordinary consumer, considering the product’s design allowed corrosion to be hidden by the product’s opaque coating. The Court added that the consumer expectation test also does not require proof of an alternate design.</p>
<p style="text-align: justify;">This case stands for the proposition that manufacturers of products must consider feasible solutions like prominent warnings or utilizing anti-corrosive materials to protect their products.</p>
<p style="text-align: justify;">Thanks to Sarah Polacek for her contribution to this post. Please contact <a href="">Heather Aquino</a> with any questions.</p>

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