Legal Opinion
East River Steamship Corp. v. Delaval Turbine, Inc.
Court of Appeals for the Third Circuit
Decided January 16, 1985No. 83-5192PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge.
The issue on this appeal, considered by the court in banc, is whether, under admiralty law, damage to a product caused by a design defect is recoverable in tort. We hold that such damage is not recoverable in tort where the design defect does not pose an unreasonable risk of harm to persons or property other than the product itself, as measured by the nature of the design defect, the manner in which the defect manifests itself, and the nature of the inherent risk, if any, created by the design defect.
I
The plaintiffs-appellants (“the…
2Cases cited18 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- Seely v. White Motor Co.California Supreme Court · 1965
- The ConquerorSupreme Court of the United States · 1897
- Santor v. a & M KARAGHEUSIAN, INC.Supreme Court of New Jersey · 1965
- Pennsylvania Glass Sand Corporation v. Caterpillar Tractor CompanyCourt of Appeals for the Third Circuit · 1981
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3Cited by5 opinions
- Johnson v. General Motors Corp.Supreme Court of Pennsylvania · 1986
- Philadelphia National Bank v. Dow Chemical Co.District Court, E.D. Pennsylvania · 1985
- Wellsboro Hotel Co. v. PrinsDistrict Court, M.D. Pennsylvania · 1995
- Sandoz v. Enstrom Helicopter Corp. (In Re James Noel Flying Service, Inc.)United States Bankruptcy Court, W.D. Louisiana · 1986
- East River Steamship Corp. v. Delaval Turbine, Inc.Court of Appeals for the Third Circuit · 1985