Tincher v. Omega Flex, Inc.

The Tinchers (plaintiffs) sued Omega Flex (defendant) after a fire allegedly caused by its gas line and lightning, with dueling experts disputing whether practicable alternative gas-line designs existed; the trial court instructed the jury under a longstanding Pennsylvania strict-liability standard from Azzarello v. Black Brothers Company treating design-defect and unreasonable-dangerousness questions as matters of law for the court rather than fact questions for the jury, while Omega argued the newer Third Restatement of Torts standard (requiring proof of an available reasonable alternative design) should apply instead. The jury awarded the Tinchers over $1 million, and Omega appealed.