Pennsylvania law of strict liability has recently been judicially described as being in a “state of flux” in Sikkelee v. Precision Airmotive, 2012 U.S. Dist. LEXIS 91497, 26 (M.D.Pa. 2012). Other courts have been less gracious, using phrases such as a “maze of uncertainty,” in Sansom v. Crown Equipment, 2012 U.S. Dist. LEXIS 102734, 11 (W.D. Pa. 2012), “foundational problems,” in Schmidt v. Boardman, 608 Pa. 327, 353, 11 A.3d 924, 940-41 (Pa. 2011), and “almost unfathomable” and “continuing state of disrepair” in Beard v. Johnson & Johnson, 41 A.3d 823, 836 (Pa. 2012).
Pennsylvania courts have long adhered to the Restatement (Second) of Torts §402A for the doctrine of strict liability in tort. However, with the recent promulgation of the Restatement (Third) of Torts, Sections I and II, there has been a growing tension between the state and federal courts in Pennsylvania. Before analyzing the current case law and the effects thereof, it will be helpful to review the significant language of the respective Restatements.
