According to media reports, a Pennsylvania Superior Court has ruled in favor of an injured working in finding that a federal workplace safety statue did not preempt the states product liability law.
The case involved a warning device on an industrial vehicle. A worker was injured allegedly due to a defective forklift. The Court’s en banc decision reversed a trial court’s ruling on summary judgment in favor of a defendant. The decision allows the injured worker to go forward with his product liability suit against the company that manufactured the forklift.
Let’s hope San Francisco Superior Courts share the same view regarding federal preemption.
