EMOTIONAL DISTRESS DAMAGES OKAYED IN PRODUCTS LIABILITY CASES SAYS THE PENNSYLVANIA STATE SUPERIOR COURT IN A CASE OF FIRST IMPRESSION
Physically unharmed plaintiffs may still collect emotional distress damages in strict product liability cases the Pennsylvania Superior has ruled in a case of first impression. A three judge panel voted 2 to 1, with Judge Orie Melvin concurring and dissenting, to uphold a $4.5 million dollar jury verdict in favor of two people, one of whom was killed and the other was seriously injured by a flying fire hose and to three close relatives who witnessed the accident but sustained no physical injury. Defendants argued that Pennsylvania law does not recognize awards for emotional distress under a theory of strict liability and also argued that under Pennsylvania law negligent concepts are “distinct from the product liability doctrine”.
A majority in Schmidt v. Boardman, led by Judge Cheryl Allan, called those arguments meritless. “We conclude that in Pennsylvania, a bystander-plaintiff who witnesses injury to a close relative can recover emotional distress damages when the injured person’s underlying cause of action is based on strict product liability rather than negligence” wrote Judge Cheryl Allan. Judge Allan was joined by John T. Bender. Attorney Arnd N. von Waldow of Reed, Smith in Pittsburgh, who was handling the appeal for defendant-manufacturer, said that he and his clients were planning to appeal the ruling and that this decision will not be the last word. For information on this case and the ruling, please see Schmidt v. Boardman Company, 2008 PA Super 203 (Pa.Super.CT. 9/2/2008). (opinion)
This information is being presented as part of the Pennsylvania product liability law firm of Reiff and Bily’s commitment to represent the rights of seriously and catastrophically injured plaintiffs in the Commonwealth of Pennsylvania. Since 1979, the attorneys at Pennsylvania product liability law firm of Reiff and Bily have been advocates of consumer safety representing Pennsylvania victims and consumers who have been severely and catastrophically injured by defective products. According to the Consumers Product Safety Commission almost 22,000 people die each year and 29,000,000 suffer injuries from unsafe products each year. We believe that one of the greatest incentives to motivate manufacturers to create and design safer products has been product liability lawsuits. We believe that product liability attorneys are the unsung heroes of society.
The Pennsylvania product liability lawyers at Reiff and Bily have been representing individuals for many years who may not be in a financial position to afford a lawyer against manufacturers that have created unreasonably dangerous products. Consumers have a right to expect that the products they purchase and use are safe for consumption. Faulty or dangerous products can seriously injury or kill victims of all ages. If a dangerous or defective product has harmed you, the experienced Pennsylvania product liability lawyers at Reiff and Bily can and will investigate the cause of your injuries and which party is responsible for your monetary damages under Pennsylvania law. Our Pennsylvania product liability attorneys may be able to recover compensation for your injuries, pain and suffering, medical expenses and other related costs.
If you or a loved one had been harmed by a dangerous and defective product, please contact us at 1-800-421-9595 or contact us online at If you or a loved one had been harmed by a dangerous and defective product, please contact us at 1-800-421-9595 or contact us online at www.reiffandbily.com to discuss how our experience and resources can help you.
