Even though the en banc U.S. Court of Appeals for the Third Circuit recently indicated that the Restatement (Third) of Torts applies to products liability cases in district courts in Pennsylvania, another district judge opined last week that the Restatement (Second) of Torts governs products liability cases.
U.S. District Judge Arthur J. Schwab of the Western District of Pennsylvania, writing in a memorandum opinion filed October 31, said that the substantive law governing a products liability claim against a company that designed a swimming pool and water slide is the Second Restatement.
