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Pennsylvania Supreme Court Rules On 402A Defense Of Highly Reckless Conduct In Strict Liability

Posted on Nov 27, 2012

Attached are the links to the Majority, Concurring, and Dissenting Opinions from the Pennsylvania Supreme Court in Reott v. Asia Trend, Inc., 28 WAP 2011 (Pa. Nov. 26, 2012) relating to the applicability of a defense of the plaintiff’s highly reckless conduct in a products liability 402A case. The Majority holds that “a defendant in a Section 402A action must plead and prove, as an affirmative defense, that the plaintiff acted in a highly reckless manner, if such conduct is asserted.” Further, to “prevent impermissible blending of negligence and strict liability concepts, should such an affirmative defense be pursued, the burden of proof is on the defendant to show that the highly reckless conduct was the sole or superseding cause of the injuries sustained.”

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