Issue: Under the laws of Pennsylvania, does the state’s Unfair Trade Practices Act apply in actions based on tort and products liability?
| Area of Law: | Antitrust & Trade Regulation, Personal Injury & Negligence |
| Keywords: | Tort and products liability; Unfair Trade Practices Act |
| Jurisdiction: | Pennsylvania |
| Cited Cases: | 459 Pa. 450; 329 A.2d 812 |
| Cited Statutes: | Pa. Stat. Ann. tit. 73, § 201-1 et seq.; Pa. Stat. Ann. tit. 73, § 201-2(4)(xiv) |
| Date: | 01/01/2001 |
The Unfair Trade Practices and Consumer Protection Law, Pa. Stat. Ann. tit. 73, § 201-1 et seq., was intended to promote the fairness of market transactions by providing a remedy against fraud. Commonwealth ex rel. Creamer v. Monumental Properties, Inc., 459 Pa. 450, 329 A.2d 812 (1974); Pa. Stat. Ann. tit. 73, § 201-2(4)(xiv). As a matter of law, it does not provide a remedy for tortious personal injury claims. Kirksey v. Overton Pub., Inc., 804 S.W.2d 68, 73 (Tenn. Ct. App. 1990) (unfair trade practices laws are aimed at deceptive acts and practices and do not provide a remedy for wrongful death).
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