Law Commons^™

Products Liability In Alaska—A Practitioner’S Overview, Thomas A. Matthews

Alaska Law Review

No abstract provided.

Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson

Michigan Law Review

The article proceeds as follows. Part I defines important terms and introduces the two-by-four Products Liability Matrix by explaining the eight possible positions that might be taken with respect to the mutability and liability-standard dimensions of products liability. Part II provides a backdrop for the current products liability debate, first by setting out a capsule history of the evolution of the modem products liability regime, and then by explaining the arguments offered by the "first generation" of products liability scholars to justify expanded manufacturer liability. Part II also illustrates the utility of the Products Liability Matrix by locating many of …

The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky

Scholarly Works

No abstract provided.

Twenty-Five Years Of Strict Product Liability Law: The Transformation And Present Meaning Of Section 402a, Charles E. Cantú

Faculty Articles

Twenty-five years ago, the American Law Institute had just published Section 402A of the Restatement (Second) of Torts. As a consequence of this new and innovative rule, the theory of recovery in the area of defective products was expanded from a system based on principles of negligence and warranty to one that also included the doctrine of strict product liability. The promulgation of Section 402A marked the beginning of a growing revolution in the field of plaintiff-oriented litigation in which parties and courts frequently center their inquiry upon the defectiveness of the product and issues related thereto, rather than on …

Comparing Products Liability: Concepts In European And American Law, Marshall S. Shapo

Cornell International Law Journal

No abstract provided.

From A Defense Attorney's Perspective: "There Is No Free Lunch", Michael Crofton

Touro Law Review

No abstract provided.

Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis

Law Faculty Scholarly Articles

Responsibility for the consequences of our own actions and occasionally for the actions of others seems to have been largely forgotten as a foundation for governing conduct. This Article advocates re-emphasizing responsibility in one important area, that of manufacturer liability for product design. To that end, the author proposes the highest standard of conduct by which to judge product manufacturers' design decisions. The standard proposed in this Article is higher than merely reasonable, prudent conduct and is not the allegedly "strict" liability frequently imposed. The standard this Article proposes reflects an emphasis on responsible conduct in light of the special …

Introduction, Honorable George C. Pratt

Touro Law Review

No abstract provided.

Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo

Touro Law Review

No abstract provided.

Products Liability Tort Reform: Why Virginia Should Adopt The Henderson Twerski Proposed Revision Of Section 402a, Restatement (Second) Of Torts, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is fourfold: first, to illustrate that there is currently a newer, more balanced consensus view in American products liability law today; second, to demonstrate that this current, realistically balanced, consensus in American products liability law is persuasively codified in a proposed revision to section 402A, Restatement (Second) of Torts, by Professors James Henderson and Aaron Twerski; third, to compare and contrast current Virginia products liability law with the Henderson- Twerski proposed revision of section 402A; fourth, to propose new legislation in Virginia that would incorporate the Henderson-Twerski proposal, and would realistically reform existing Virginia products …

From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski

Touro Law Review

No abstract provided.

The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky

Touro Law Review

No abstract provided.

Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris

Touro Law Review

No abstract provided.

A New Look At An Old Conundrum: The Determinative Test For The Hybrid Sales/Service Transaction Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantú

Faculty Articles

Historically, the concept of strict tort liability was confined to two areas: injuries resulting from dangerous activities, and harm inflicted by wild and/or dangerous animals. However, in 1963, the California Supreme Court held in Greenman v. Yuba Power Products that the theory of strict liability in tort also included products. Then, in 1965, The Restatement (Second) of Torts adopted Section 402A and endorsed the theory of Greenman that strict liability was available as a distinct cause of action in litigation involving injuries caused by defective products.

Though there was some initial confusion associated with the application of some of the …

Dangerous Products And Injured Bystanders, Robert F. Cochran Jr.

Kentucky Law Journal

No abstract provided.