Since 1978 in the case of Azzarello v. Black Brothers Co. Inc., the PA law on products liability cases is that a product is defective if it left the manufacturer “lacking any element necessary to make it safe or having any element making the product unsafe.” This strict liability standard is about to be revisited as the Supreme Court has just granted allocatur in Bugosh v. I.U. North America Inc.. In this case, the Court will decide whether to adopt the Restatement Third on Torts which employs a negligence standard in product defect cases.
