.

Michael A. Salvati

Portrait of Michael A. Salvati

A litigator and legal scholar, Michael provides streamlined solutions to his casualty clients’ most complex litigation challenges. With a focus on product liability, premises liability, automobile and other personal injury claims, he provides counsel to manufacturers of consumer goods, regional and national retail chains, manufacturing facilities, restaurants/bars, commercial landowners, pharmacies and more. Michael has experience in all aspects of defense litigation, from initial claim investigation through discovery and trial.  Michael has also assisted in the defense of class actions involving various subject matters, ranging from alleged product failures to data breach claims.

Michael prioritizes efficiency, achieving favorable outcomes, and ensuring the best possible results for his clients. By dissecting the key issues in litigation, he aims to avoid unnecessary complexities and legal disputes. He approaches every client matter strategically, by first assessing the case; identifying critical legal arguments; and creating a well-informed legal strategy.  

An avid reader and life-long student, he keeps abreast of legal topics pertinent to his clients, so he can better understand the current legal landscape and how it may impact their cases. A prolific writer, he has published substantive articles in The Pennsylvania Lawyer, The Legal Intelligencer and Law360. 

Michael’s scholarship and devotion to the law has not gone unnoticed. In 2023, he was selected to serve a five-year term on the Supreme Court of Pennsylvania’s Civil Jury Instruction Subcommittee, which drafts jury instructions used by trial judges throughout the Commonwealth of Pennsylvania.

Admitted to practice in both Pennsylvania and New Jersey, Michael is a member of the Pennsylvania, Philadelphia and New Jersey State Bar Associations. He is additionally a member of the Defense Research Institute where he has served as an editor for its Product Liability Defenses, a State-by-State Compendium. 

Prior to joining the firm, Michael served as a judicial law clerk to the Honorable Timothy G. Farrell of the Superior Court of New Jersey. In that capacity, Michael managed the judge's dockets, drafted opinions and orders, and served as a mediator in Small Claims and Special Civil Part cases.

Michael earned his juris doctor at Villanova Law School, where he graduated in the top 10% of his class, was a member of the Order of the Coif, and served as an Associate Editor of the Villanova Law Review.  He earned his bachelor's degree in history from Villanova University, where he graduated first in his class with a 4.0 GPA.

Michael resides in South Jersey with his wife and twin boys.

    • Villanova University Charles Widger School of Law (J.D., magna cum laude, 2011)
    • Villanova University (B.A., summa cum laude, 2008)
    • New Jersey, 2011
    • Pennsylvania, 2011
    • U.S. District Court District of New Jersey, 2012
    • U.S. District Court Eastern District of Pennsylvania, 2013
    • U.S. District Court Middle District of Pennsylvania, 2021
    • Pennsylvania Super Lawyers Rising Star (2024-2025)
    • New Jersey Bar Association
    • Pennsylvania Bar Association
    • Pennsylvania Supreme Court Subcommittee for Civil Jury Instructions
    • Philadelphia Bar Association
  • Obtained summary judgment on behalf of our client, a nonprofit organization, in a premises liability action in the Eastern District of Pennsylvania. The plaintiff allegedly fractured her leg after slipping and falling on an icy walkway outside the client’s community center. We argued that her claims were barred by a liability waiver she signed as part of her membership application. Although the plaintiff denied signing the waiver, the court ordered targeted discovery, and both parties retained handwriting experts. The court ultimately found that the defense had persuasively established the authenticity of the signature and that the plaintiff’s unsupported denials were insufficient to create a genuine dispute of material fact. Summary judgment was entered in favor of our client.

    Successfully obtained dismissal of a wrongful death action against a product manufacturer and distributor for lack of personal jurisdiction. The case involved allegations of a defective windshield installed in Pennsylvania, but the defense team demonstrated that the clients—located in Ohio and South Carolina—lacked sufficient contacts with the forum state, overcoming the plaintiff’s stream-of-commerce jurisdiction theory.

    Prevailed on a Motion to Dismiss in a data breach class action in the Eastern District of Pennsylvania. Sixteen named plaintiffs brought claims alleging that a hacker had accessed the personal information of over 1,000,000 individuals nationwide. We defended the debt collection company whose computer servers were compromised. Plaintiffs asserted broad and novel legal theories, including negligent failure to protect data, breach of implied contract, invasion of privacy, negligence per se, and violations of various state consumer protection laws. We successfully contested these claims, resulting in the dismissal of eight plaintiffs for lack of standing and 15 of the 17 asserted causes of action being dismissed.

    Obtained a defense verdict as second chair in a federal jury trial involving an allegedly defective motorcycle that caught fire when left running contrary to instructions in the owner's manual, causing significant fire and smoke damage to the plaintiffs' residence.

    Obtained a summary judgment on behalf of a janitorial franchising company, successfully arguing that it was not responsible for the rogue acts of its franchisee who allegedly stole jewelry and engaged in sexual acts while cleaning the plaintiff's office.

    Obtained summary judgment on behalf of two homeowners, successfully arguing that they had no duty to prevent their general contractor from injuring his subcontractor, the plaintiff, who had fallen from a ladder on the job.

    Successfully defended a retail pharmacy and its delivery driver at arbitration on an auto accident claim for which liability was uncontested.  Michael obtained a limited tort finding and limited plaintiff to recovery of her unpaid medical expenses, which were minimal.  The suit had initially been filed as a major jury case before being remanded to arbitration, and the award was less than 1% of plaintiff's original demand.

    Obtained a dismissal on jurisdictional grounds of product liability and wrongful death claims brought against a truck dealership that was located in Ohio and that did not conduct regular business in Pennsylvania.

    Obtained a summary judgment for the manufacturer of a smoker in a failure to warn claim involving an allegedly defective barbecue smoker by successfully challenging the opinions of the plaintiff's expert as speculative.

    • The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers, A.M. Best Podcast, April 1, 2026
    • Strategies to Mitigate Risk and Avoid Litigation, Marshall Dennehey Client Presentation, May 14, 2025
    • Panel Member, Nuts and Bolts of Litigation Practice Under the Fair Share Act, Pennsylvania Bar Institute, April 2016.
    • Litigation Pointers for Defending the Supermarket Slip and Fall Case, Liberty Mutual Insurance, February 2015
    • "Pa. Supreme Court Must Defend Established Venue Standard," Law360, February 17, 2023
    • "A Two-Pronged Test Becomes One - Why the Superior Court's Venue Decision in Hangey Departs From Decades of Prior Precedent," The Pennsylvania Lawyer, January/February 2023
    • "After 'Tincher,' Evidence of Industry Standards Should be Admissible in PI Litigation,"The Legal Intelligencer, Personal Injury Supplement, November 5, 2021
    • “There’s No Turning Back Now: Product Liability Jury Instructions in the Wake of Tincher v. Omega Flex,” Defense Digest, Vol. 24, No. 2, June 2018
    • "There’s No Place Like “Home”: Challenging General Jurisdiction When an LLC Is a Citizen of the Forum State,Defense Digest, Vol. 23, No. 2, June 2017
    • “Pennsylvania’s Fair Share Act: Practical Pointers for Litigators,” Defense Digest, Vol. 20, No. 2, June 2014, co-author

Results

Thought Leadership

Defense Digest

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

June 30, 2026

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

Case Law Alerts

Superior Court Clarifies Crashworthiness Doctrine and Provides Key Jury‑Instruction Guidance

April 1, 2026

In the much-publicized Amagasu case, a jury returned a verdict of nearly a billion dollars to a plaintiff who was paralyzed in a rollover car accident.  On appeal, the Superior Court vacated the award and remanded for a new trial stating that the trial court did not properly charge the jury on crashworthiness principles. Crashworthiness is a subset of products liability cases in which it is alleged that a vehicle possessed a defect that did not cause an accident, but did not offer sufficient protection to the vehicle’s occupant during the accident. Pennsylvania law recognizes that collisions and other accidents are part of the intended use of a motor vehicle, so manufacturers must design and manufacture a product that is “reasonably crashworthy.” For example, if a plaintiff is involved in a head-on collision and the air bags do not deploy, the lack of air bag deployment did not cause the collision, but possibly increased the severity of the plaintiff’s injuries –  that failure to perform may give rise to a product defect claim. In Amagasu, the Superior Court re-affirmed the elements of a crashworthiness claim, which was first recognized in Pennsylvania in 1994, but has not frequently been analyzed since the landmark Tincher case re-defined the product liability cause of action. Amagasu explained that crashworthiness cases involved a “more rigorous” and a “heightened burden of proof” compared to ordinary products liability cases as a trade off for expanding the scope of liability to an alleged defect that did not cause the underlying accident. Specifically, in addition to proving a product defect, the plaintiff must prove that, at the time the vehicle was designed, a safer and more practical design existed. A plaintiff’s burden to prove causation is also heavier in a crashworthiness case, as he or she must distinguish between the “enhanced injury” caused by the defect, and the “non-compensable injuries” he or she would have sustained in the accident anyway. The Superior Court emphasized that these crashworthiness elements “impose a burden of proof far and above that of a typical” products liability case. Amagasu may have a greater impact than simply crashworthiness cases as the billion-dollar verdict was vacated because the trial court did not give proper jury instructions. The trial court had avoided giving instructions that were not included in the Pennsylvania Suggested Standard Civil Jury Instructions, which did not provide a specific instruction on crashworthiness. The Suggested Standard Jury Instructions are an excellent resource and guide, but they are not an exhaustive statement of every area of the law. If a legal issue is raised by the evidence, the jury must be given an appropriate instruction, even if one is not included in the SSJI.

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.