PA Continues to Follow 2nd Restatement of Torts, But Says ‘Certain Principles’ of 3rd Restatement Are Informative

In a long-awaited products liability ruling, the Pennsylvania Supreme Court has continued to follow the Restatement Second of Torts, and declined to adopt wholesale the Restatement Third of Torts: Products Liability. But the court also declared that “appreciation of certain principles” in the Third Restatement “has certainly informed our consideration of the proper approach to strict liability in Pennsylvania.”

The ruling ends an era of uncertainty in which the state and federal courts in Pennsylvania applied different standards. In 2009, the U.S. Court of Appeals for the Third Circuit predicted that the Pennsylvania Supreme Court would ultimately adopt the products liability provisions in the Third Restatement, but the Pennsylvania Superior Court predicted it would continue to follow the Second Restatement.