In 1998, the American Law Institute (ALI) issued the Third Restatement of Torts which contained several changes to product liability. These changes of the Third Restatement do not represent Pennsylvania jurisprudence. Some of these changes are a drastic departure from existing law and do not reflect a consensus of other jurisdictions and is certainly a step in the wrong direction.
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No one can doubt the difficult economic times that we all face. Businesses are also faced with belt tightening that affects both consumers and employees.
Countless studies have shown that when companies face difficult economic obstacles, one of the first measures to be cut is safety. Unfortunately, companies often believe that since safety is not a money producing venture, it can take a back seat to their employees and consumers well being. At Shaffer & Gaier, we have handled several cases where products did not go through the vigorous testing they should have done because the companies were trying to save money toward their bottom line. When these defective products caused injury, it was clear that if the companies had gone through their normal paces, the defects of the products would have been avoided. In addition, we have also had experiences with construction accidents where construction companies have placed their workers at risk by failing to adhere to basic safety protocols because they were trying to add to their profit. Certainly, in these difficult economic times these dangers rise to consumers and workers.
