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MIDDLETOWN, Conn. —Omega Flex, Inc. issued the following statement regarding the recent decision by The Supreme Court of Pennsylvania to rule in favor of Omega Flex and overturn the verdict in Tincher v. Omega Flex, Inc. The court overruled the existing strict liability standard and sent the case back to the trial court, ruling that the case law resulting in the jury’s verdict in Tincher was incorrect.
"Pennsylvania’s liability law was unique in the country and allowed product liability cases to proceed without proving that the product was “unreasonably dangerous, which is what happened to Omega Flex. In 2010, a jury found that Omega Flex was not negligent in the design of its TracPipe CSST product. However, under Pennsylvania’s old strict liability standard, the jury found against the company, despite hearing no evidence to support a finding that the product was unreasonably dangerous. We are pleased with the state Supreme Court’s ruling in favor of Omega Flex and will take further action at the trial court level.
This ruling is Omega Flex’s fifth consecutive legal victory against trial attorneys and insurance companies making unfounded allegations about CSST’s safety and performance. As this pattern of legal victories demonstrates, their allegations are based on unreliable and highly questionable arguments designed to promote their self-interested financial motives. CSST is the best and safest gas piping product on the market and its track record is second to none, with no proven deaths or injuries since it was introduced in the U.S. in 1989. CSST has been independently proven to be far more effective than its predecessor black iron pipe, which is prone to failures that result in numerous injuries and deaths each year. We will continue to vigorously defend ourselves – and our world class products – against the discredited claims about CSST.”
A copy of the Pennsylvania Supreme Court’s ruling can be found at www.pacourts.us/courts/ supreme-court/court-opinions.