Loophole Provides Manufacturers with Immunity if Someone is Injured Twelve Years After A Machine Is Installed
Under Pennsylvania law, industrial machinery, like machinery installed in a factory, can potentially be so old that it effectively prevents its manufacturer from being sued when it causes injury.
The Supreme Court of Pennsylvania has held that 42 Pa. Cons.Stat. § 553—applicable to construction projects—protects manufacturers of industrial machinery for injury when that manufacturer assists with, oversees, or supervises the installation of the machine. Importantly, the machine must be considered “fixed” to the property, meaning that it literally needs to be installed in such a way that it is “rendered an actual part of the facility.” A determination of whether the machine is “fixed to the property” will be determined on a case-by-case basis and a myriad of factors are considered by the court in making that determination. If the manufacturer participates in any of the above ways with the installation and the machine is “fixture”, the statute will provide them with immunity from suit if someone is injured twelve years or more after the machine is installed.