In product liabity cases, PA has followed the Restatement 2nd of Torts. Under the Restatement 2nd, only “intended users” and not bystanders can maintain a product liabilty claim. The 3rd Circuit has now just overturned that understanding. In the case of Berrier v. Simplicty, et al., the 3rd Circuit has just ruled that it believes that the Pennsylvania Supreme Court is likely to soon adopt the Restatement 3rd of Torts. Under the Restatement 3rd, a bystander can maintain a product liability claim. This represents a major change in PA law.
