By Patricia J. Baxter and Nate R. Bohlander

If a product lacks any cognizable defect and conspicuously warns against the exact harm which befell plaintiffs, do defect and failure to warn claims against a manufacturer require a jury determination?  Your response would likely fall somewhere on the spectrum between “Probably not” and “No way!”  And you would probably reason that a judge could, and should, dismiss those claims at the motion stage.  But, in a January 13, 2017 decision, the Pennsylvania Superior Court ruled to the contrary.