Duquesne Law Review


The appropriateness of the recovery of punitive damages in products liability litigation has increasingly been called into question as being ineffective in accomplishing the intended purpose of this form of recovery, as well as being fundamentally unfair to defendants and innocent third parties. The author discusses the criticisms of punitive damage recovery in this context and the unintended consequences of its application. The author examines methods employed in other jurisdictions to safeguard against untoward punitive damage recovery and explains how these methods may be employed in Pennsylvania with only slight revision of existing procedures.

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