The Pennsylvania Defense Institute (“PDI”) published an article written by Dan Kain on the consumer expectations lens of Pennsylvania’s design defect method of proof. Dan’s article addresses Pennsylvania’s governing design defect standard set forth in the seminal case of Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014). The article provides a review of case law from Pennsylvania and other jurisdictions to highlight the theoretical and practical limitations of the consumer expectations method of proof in assessing complex product designs. Dan co-authored this article with his esteemed PDI colleagues Jim Beck and Bill Ricci.
