Despite Changes in Law, Powell Attorneys Successful in Defective Product Cases

By Bruce S. Zero, Esq.

Attorney Bruce Zero, Powell Law Scranton PAIn 2014, the Pennsylvania Supreme Court issued a 137-page majority opinion in the case of Tincher vs. Omega Flex. In its opinion, the Supreme Court outlined the history of product liability law in the state of Pennsylvania and set forth new standards to be followed by litigants and the lower courts in handling cases where consumers are injured by defective products. At Powell Law, we have handled multiple product liability cases, and recently won a $5.94 million verdict on behalf of an 87-year-old client who was severely injured when the airbag in his 2004 Ford Mercury Sable failed to deploy.

After obtaining the verdict, the Supreme Court handed down its opinion in Tincher vs. Omega Flex. Since the lawyers at Powell Law were experienced in handling product liability cases for many years, the verdict was successfully upheld, despite the new opinion issued by the Court.

Basically, under Tincher, a consumer can bring a case against a product manufacturer under a consumer expectation test or a risk utility analysis. Due to complexities involved in handling product liability cases, the attorneys at Powell Law have the experience necessary to understand the intricacies of the case and have the financial ability to hire the experts necessary to obtain a favorable result for our clients.

We have been successful in handling product liability cases for years under the prior law in the state of Pennsylvania, and have now successfully litigated and had a verdict upheld under the new law set forth under Tincher. The attorneys at Powell Law have the experience to successfully sue manufacturers who profit from manufacturing and selling defective products when those products cause injury to consumers.


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