By: John Cromer, Esq.
The Pennsylvania Supreme Court has finally accepted an appeal to directly address the question of the “Battle of the Restatements.” In Tincher v. Omega Flex, the Supreme Court has agreed to hear Omega Flex’s appeal with regard to whether the Supreme Court “should replace the strict liability analysis of Section 402A of the Second Restatement with the analysis of the Third Restatement.” Additionally, the court has asked the parties whether or not any application of the Third Restatement should be applied prospectively or retroactively.
More to follow on the issues in the Tincher case…