Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory
By EsqSocial Corporation 20/05/21
Pennsylvania recognizes the malfunction theory in product liability cases. This theory allows a plaintiff to circumstantially prove that a product is defective by showing evidence of a malfunction and eliminating abnormal use or reasonable, secondary causes for the malfunction. The malfunction theory is available to plaintiffs as an alternative to proving a traditional strict product liability case in those circumstances where direct evidence of a product defect is not found......
By: White and Williams LLP