As we start to get into fall and …don’t say it preparation for snow, we need to be cognizant of starting to use our gas fireplaces again. There have been many instances where people have been injured by when reigniting or restarting gas fireplaces because the manufacturer put those machines out for sale even knowing they are dangerous.
There are very strict laws that have been established in Pennsylvania for pursuing claims against the makers of machines and other dangerous products. These claims are typically called “Strict Products Liability” claims. The Pennsylvania Supreme Court has recently revisited the necessary proof that must be offered to establish these types of claims in the matter of Tincher v. Omega Flex, Inc., 104 A.3d 328.
In Tincher, the Plaintiffs brought a claim against the manufacturer of stainless steel pipe that transported the natural gas to their fireplace because it was defective and lead to an explosion in their house. The Supreme Court held that a Plaintiff can only prove strict liability if they show that the danger is unknowable to the use and unacceptable or that a reasonable person could conclude that the risk of harm caused by the product outweighs the cost of taking precautions. Further, the Court concluded that this issue is to be decided by a jury unless it is clear that reasonable minds could not differ on the conclusion.
Here at Abrahamsen, Conaboy and Abrahamsen, we have been representing people injured by defective products for over 40 years. We have the expertise and the access to product liability engineers and specialists to bring the large manufacturers’ to justice for the harm that they knowingly put on the public simply because the risk costs less than the harm it can potentially cause. Call us today if you have been injured because of a defective product!