Industry standard

Pennsylvania judges will consider ‘industry standard’ defense against defects

By Hayley Fowler (June 10, 2022, 10:21 a.m. EDT) – The Pennsylvania Supreme Court has agreed to appeal whether a manufacturer can raise as a defense in strict liability lawsuits that it was merely following the product standards set by others in the industry.

The judges said in an order Wednesday that they would review a state Superior Court precedent ruling finding that the so-called industry standard defense cannot be used in strict liability cases. The decision upheld a $2.5 million jury award for contractor Michael Sullivan, who sued manufacturer Werner Co. and retailer Lowe’s Cos. Inc. for his injuries following a scaffolding collapse in 2015.

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