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Keywords

plaintiffdamagesnegligenceliabilitytestimonystrict liability
plaintiffdamagesnegligenceliabilitystrict liability

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Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328, Prod.Liab.Rep. (CCH) P 19,506

Facts

On June 20, 2007, a fire erupted at the Tinchers' home in Downingtown, Pennsylvania, caused by a lightning strike that punctured the corrugated stainless steel tubing (CSST) transporting natural gas to their fireplace. The Tinchers, who had purchased the home in 2005, reported the incident to their insurer, USAA, which compensated them for their losses. The Tinchers filed a complaint against Omega Flex, the manufacturer of the CSST, alleging that the product was defective and unreasonably dangerous due to its thin walls, which they claimed could not withstand the effects of lightning.

On June 20, 2007, a fire erupted at the Tinchers' home in Downingtown, Pennsylvania, caused by a lightning strike that punctured the corrugated stainless steel tubing (CSST) transporting natural gas to their fireplace. The Tinchers, who had purchased the home in 2005, reported the incident to their insurer, USAA, which compensated them for their losses.

Issue

The main legal issues were whether the CSST was defective and whether the Tinchers could prove their claims of strict liability, negligence, and breach of warranty under Pennsylvania law.

The main legal issues were whether the CSST was defective and whether the Tinchers could prove their claims of strict liability, negligence, and breach of warranty under Pennsylvania law.

Rule

The court ruled that a plaintiff pursuing a strict liability claim must prove that the product is in a 'defective condition' by showing either that the danger is unknowable and unacceptable or that the risk of harm outweighs the burden of taking precautions. The court also clarified that the question of whether a product is in a defective condition is typically a question of fact for the jury, unless reasonable minds could not differ on the issue.

The court ruled that a plaintiff pursuing a strict liability claim must prove that the product is in a 'defective condition' by showing either that the danger is unknowable and unacceptable or that the risk of harm outweighs the burden of taking precautions.

Analysis

The court applied the clarified standard for strict liability to the facts of the case, determining that the Tinchers had presented sufficient evidence to support their claim that the CSST was defective. Expert testimony indicated that the CSST's thin walls made it highly susceptible to puncture from lightning strikes, and the jury was instructed to consider whether the product was safe for its intended use. The court emphasized that the manufacturer is not an insurer of the product's safety but must ensure that the product is not defective when it leaves their control.

The court applied the clarified standard for strict liability to the facts of the case, determining that the Tinchers had presented sufficient evidence to support their claim that the CSST was defective.

Conclusion

The Supreme Court affirmed in part and reversed in part the lower court's decision, remanding the case for further proceedings consistent with its opinion. The court upheld the jury's finding that the CSST was defective and that Omega Flex was liable for the damages caused by the fire.

The Supreme Court affirmed in part and reversed in part the lower court's decision, remanding the case for further proceedings consistent with its opinion.

Who won?

The Tinchers prevailed in the case because they successfully demonstrated that the CSST was defective and that this defect was the proximate cause of the fire and their resulting damages.

The Tinchers prevailed in the case because they successfully demonstrated that the CSST was defective and that this defect was the proximate cause of the fire and their resulting damages.

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