Jonathan Miller and team have won a victory in the PA Supreme Court upholding strict liability in the case Bugosh v. I.U. North America, Inc..
What is Strict Liability?
In essence, strict liability holds a manufacturer or seller liable for harm done by his product, whether or not he knew or should have known that the product could cause that harm. Strict liability can attach for harm from a poorly designed product, a poorly manufactured product, or the failure to warn adequately of the hazard from the product.
What is Negligence?
Negligence, on the other hand, requires in addition that the manufacturer or seller knew or should have known of the hazard.
We are happy to report that Bugosh is a victory for union members and more generally victims of injuries. Strict liability is better for victims than negligence because victims can prove their case more easily under strict liability. In Bugosh, defendant asked the Pa Supreme Court to abandon strict liability and require most victims to have to prove negligence. The Pa Supreme Court dismissed the appeal as being improvidently granted, which means that they decided not to decide this question in this appeal. It also means that strict liability remains the law of Pennsylvania, which is a victory for union members and other victims.
