Products Liability: Illinois vs. Pennsylvania

Illinois employs a strict liability standard under the Illinois Uniform Commercial Code and the common law, which states that a manufacturer or seller can be held liable for defective products without proof of negligence. The types of defects recognized include manufacturing defects, design defects, and failure to warn. Furthermore, the state follows the 'consumer expectation' standard, which assesses whether a product is safe enough for the ordinary consumer’s expectations of safety under normal usage conditions.

Pennsylvania also adopts a strict liability approach, primarily under the Restatement (Second) of Torts. In cases of product liability, Pennsylvania law requires proving that the product is defective and unreasonably dangerous, pushing the burden on the plaintiff to show defects in either design, manufacturing, or warning defects. Importantly, Pennsylvania courts have highlighted the 'risk-utility' standard in assessing design defects, where they evaluate whether the product’s benefits outweigh its risks—an approach that has gained traction in product liability litigation.