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Reflections On Section 402a Of The Restatement (Second) Of Torts: A Mirror Crack’D, Charles E. Cantú
Reflections On Section 402a Of The Restatement (Second) Of Torts: A Mirror Crack’D, Charles E. Cantú
Faculty Articles
Section 402A of the Restatement (Second) of Torts forever changed the means by which an individual would be held liable for placing defective products into the stream of commerce. Strict liability, which had previously been restricted to cases involving dangerous activities and wild animals, became a new cause of action in almost all product cases. As a result, this section of the Restatement has been a catalyst to a multitude of litigation. More causes of action have been brought alleging strict liability for injuries caused by a defective product than in any other area of tort law.
Now that almost …
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of ‘Culpability’, L. Wayne Scott
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of ‘Culpability’, L. Wayne Scott
Faculty Articles
Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct."
In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …