The Pennsylvania Supreme Court has decided it will not follow the Restatement (Third) of Torts, which "would have allowed defendants to introduce elements regarding the foreseeability of a product's risks, and whether alternative, safer designs were available when the product was manufactured," The Legal Intelligencer's Max Mitchell reports. The Second Restatement does not consider the feasibility of an alternative design or a manufacturer's conduct. The court did adapt PA's products law to allow juries to consider "consumer expectation and risk-utility balancing tests."
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