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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/resttpl4303 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE Pa.Super.2018. Cit. in case cit. in disc. §§ 1-8, which constitutes all of Ch. 1. Firefighters filed a products-liability action against siren manufacturer, alleging that they suffered permanent hearing loss due to exposure to the noise of defendant's siren, which was unreasonably dangerous and defective and negligently designed. The trial court entered summary judgment in part for defendant and dismissed all remaining claims. This court affirmed, holding that plaintiffs' proof that their proposed alternative design met the industry standard was not sufficient to establish a prima facie case that it was more effective for all users. The court noted that Pennsylvania followed Restatement Second of Torts § 402A, instead of the Restatement Third of Torts: Products Liability, regarding strict-products-liability law governing design defects. Dunlap v. Federal Signal Corporation, 194 A.3d 1067, 1070. TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY § 2. Categories of Product Defect N.D.I11.2018. Cit. in disc. (general cite); subsec. (b) cit. in disc. Airline employees brought a class-action lawsuit against airline and uniform manufacturer, alleging, inter alia, products-liability claims arising from allegations that plaintiffs' new uniforms contained harmful chemicals that caused various health issues. This court denied manufacturer's motion to dismiss for failure to state a claim, holding that plaintiffs alleged enough facts about the unreasonably dangerous nature of the uniforms, the dangerous chemicals existing in the uniforms at the time the uniforms left manufacturer's control, and the chemicals causing plaintiffs' injuries. The court noted that some states followed the requirements of establishing a design defect found in Restatement Third of Torts: Products Liability § 2, under which a manufacturer would be liable for unreasonable harm caused by its products if it could have adopted a reasonable alternative design but had chosen not to, and determined that, despite the variance of state law at issue here, plaintiffs pleaded sufficient facts to maintain a design-defect theory at this stage. Zurbriggen v. Twin Hill Acquisition Company, Inc., 338 F.Supp.3d 875, 898, 899. Ariz.2018. Cit. in disc. Patient who had an infusion pump and catheter device implanted brought, inter alia, common-law claims of negligent failure to warn against designer and manufacturer of the pump, alleging that defendants failed to report adverse events to the Food and Drug Administration (FDA) about the device's tendency to over-infuse patients with drugs, and that he suffered permanent injury as a result of this over-infusion. The trial court granted defendants' motion to dismiss, finding that plaintiff's state-law claims were preempted by federal law. The court of appeals reversed in part, finding that plaintiff's claims for negligent failure to warn were not preempted. This court vacated the ruling of the court of appeals and affirmed the trial court's ruling, holding that the duty to warn the FDA only arose from federal statutes, which impliedly preempted any state-law claims based on that duty. The court observed that, under Restatement Third of Torts: Products Liability § 2, manufacturers generally COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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