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Full-Text Articles in Law
Evidence Of Producer's Due Care In A Products Liability Action, Robert A. Bernstein
Evidence Of Producer's Due Care In A Products Liability Action, Robert A. Bernstein
Vanderbilt Law Review
In a products liability case, evidence of defendant's due care in the manufacturing or processing operation can be a potent and sometimes critical factor in the decision of a judge or jury.' The question remains,however, whether such evidence is properly admissible under contemporary versions of the implied warranty and strict liability theories that have fashioned the recent revolution in consumer product law. The leading chronicler of the revolution, Dean Prosser, has noted the practical importance of the issue and has concluded, apparently without reservation, that in the ordinary case evidence of the defendant's due care is immaterial. The reasoning is …
Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.
Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.
Vanderbilt Law Review
Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …
Defective Products: Abnormal Use, Contributory Negligence, And Assumption Of Risk, Dix W. Noel
Defective Products: Abnormal Use, Contributory Negligence, And Assumption Of Risk, Dix W. Noel
Vanderbilt Law Review
This article will attempt to analyze these three general kinds of conduct on the part of the plaintiff, giving attention to basic tort principles and to traditional distinctions. Special emphasis will be placed on the functions of court and jury in resolving questions posed by situations in which injury is caused both by a defective product and by the plaintiff's handling of that product. It will be shown that a court's choice of policy factors as a basis for strict liability may affect considerably its final decision.
Products Liability-Drugs And Cosmetics, Page Keeton
Products Liability-Drugs And Cosmetics, Page Keeton
Vanderbilt Law Review
Much has been written by judges and scholars about abrogation of both the requirement of privity for recovery on warranty theories and the prerequisite of a finding of negligence for recovery on a tort theory against manufacturers and other sellers of all kinds of products.' As a consequence of this abrogation, the courts in some states have completed the change-over from a fault to a strict liability theory of recovery for harm resulting from unintended and latent dangerous conditions of products. Moreover, removal of initial restrictions limiting strict liability to users and consumers is proceeding apace, and the logical extension …