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Time For A Fresh Look At Strict Liability For Pharmaceuticals, Mary J. Davis
Time For A Fresh Look At Strict Liability For Pharmaceuticals, Mary J. Davis
Law Faculty Scholarly Articles
Part I provides a brief and basic explanation of pharmaceutical liability treatment. Part II explains the impact of federal preemption doctrine, which has dramatically limited the operation of tort law in pharmaceutical liability cases. Part III explains the parallel trends in the marketing and use of pharmaceuticals that increase the incidence of adverse drug events, affect prescribing practices, and fail to enhance informed practitioner and consumer choice in use of pharmaceuticals. Part IV provides support for the application of strict liability given the convergence of these trends. This Part also provides a theoretical justification for strict liability in tort for …
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Law Faculty Scholarly Articles
This Article examines the question of whether (or when) product sellers should be allowed to offer optional safety equipment without fear of being held strictly liable for selling a defectively designed product. Part II of this Article examines several approaches to risk-bearing. At one end of the spectrum, the principle of personal autonomy dictates that consumers should decide how much risk they wish to accept. On the other hand, products liability law assumes that if consumers are allowed to subject themselves to greater risk, producers will be quick to take advantage of their inability to make rational decisions about what …
Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey
Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey
Kentucky Law Journal
No abstract provided.
Manufacturers' Liability In Kentucky, Henry V. Pennington Ii
Manufacturers' Liability In Kentucky, Henry V. Pennington Ii
Kentucky Law Journal
No abstract provided.
Manufacturers' Liability To The Ultimate Consumer, Andrew J. Russell
Manufacturers' Liability To The Ultimate Consumer, Andrew J. Russell
Kentucky Law Journal
No abstract provided.
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Kentucky Law Journal
No abstract provided.