Product liability litigation in Pennsylvania was significantly altered by the Supreme Court’s 2014 ruling in Tincher v. Omega Flex, Inc., 628 Pa. 296 (2014), which overruled Azzarello v. Black Brothers Company, 480 Pa. 547 (1978), and returned to fact finders the responsibility to determine if a product was unreasonably dangerous, based on a full evaluation of the proofs offered by the plaintiff.
New Jersey Supreme Court Clarifies Duty Of Homeowners Associations To Maintain Privately Owned Sidewalks Within The Common Interest Community
The New Jersey Supreme Court recently published an opinion which clarifies the liabilities of “common interest communities,” such as homeowner’s associations, for maintenance of the common areas under the association’s control. In Qian v. Toll Brothers, 223 N.J. 124 (2015), the Court reversed the appellate divisions affirmance of summary judgment granted by the trial court to the homeowner’s association and management community, and remanded the case. Continue reading