McCown v. Int'l Harvester Co., 463 Pa. 13, 342 A.2d 381 (Pa. 1975)

Facts

  • International Harvester Company manufactured an over-the-road tractor driven by John McCown.
  • The tractor’s steering mechanism required significantly more effort than normal to steer, making it unusually difficult to maneuver.
  • After driving for several hours, McCown stopped on the shoulder of the Pennsylvania Turnpike to inspect equipment.
  • While reentering the Turnpike, McCown struck a guardrail with the tractor’s right front tire, an event not caused by steering difficulty.
  • The impact caused the steering wheel to counterrotate rapidly; its spokes struck McCown’s arm, fracturing his wrist and forearm.
  • Trial evidence tied the force and speed of the steering wheel’s counterrotation to the steering mechanism’s design.
  • On appeal, the manufacturer conceded the steering design was defective but argued McCown’s contributory negligence in striking the guardrail should bar or limit recovery.

Issues

  1. Whether contributory negligence is an available defense in a strict products-liability action under Restatement (Second) of Torts § 402A.
  2. Whether a plaintiff’s negligence contributing to the accident event (as distinct from assuming a known product risk) can reduce or bar recovery in a § 402A claim.

Decision

  • The Supreme Court of Pennsylvania affirmed the judgment for McCown.
  • The court held that contributory negligence is not a defense to strict products liability under § 402A.
  • The court reaffirmed that assumption of risk remains a defense where the plaintiff knowingly and voluntarily proceeds in the face of a known defect and danger.
  • The court rejected the manufacturer’s attempt to treat McCown’s collision with the guardrail as contributory negligence that would limit or bar § 402A recovery.
  • In Pennsylvania, contributory negligence does not bar or reduce recovery in a strict products-liability action under Restatement (Second) of Torts § 402A.
  • Comment n to § 402A rejects contributory negligence as a defense when the plaintiff merely fails to discover a defect or guard against its possibility.
  • Strict liability under § 402A is distinct from negligence; importing contributory negligence would shift the case from product defect to plaintiff fault.
  • Assumption of risk remains a distinct, available defense when the plaintiff knows of the defect and danger and unreasonably proceeds.

Conclusion

The court held that contributory negligence is unavailable as a defense in § 402A strict products-liability actions, while preserving assumption of risk as a separate defense based on a plaintiff’s knowing, voluntary encounter with a known product danger.