Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Commerce Clause (1)
- Defective products (1)
- Design defects (1)
- Due Process Clause (1)
- FDA (1)
-
- Federal Product Liability Reform (1)
- Food and Drug Administration (1)
- General Aviational Revitalization Act (1)
- Government regulation (1)
- H.R. 956 (1)
- Hazardous products (1)
- Liability (1)
- Manufacturing defects (1)
- Negligence (1)
- Prescription drug designs (1)
- Product Liability (1)
- Product bans (1)
- Product safety (1)
- Restatement (Third) of Torts Products Liability (1)
- Section 8(c) (1)
- Toner v. Lederle Laboratories (1)
- Unsafe products (1)
- Warning labels (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Torts
Prescription Drug Design Liability Under The Proposed Restatement (Third) Of Torts: A Reporter's Perspective, James A. Henderson Jr.
Prescription Drug Design Liability Under The Proposed Restatement (Third) Of Torts: A Reporter's Perspective, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Product Liability Law In The Federal Arena, Sherman Joyce
Product Liability Law In The Federal Arena, Sherman Joyce
Seattle University Law Review
The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for …
Individual Rationality, Hazard Warnings, And The Foundations Of Tort Law, W. Kip Viscusi
Individual Rationality, Hazard Warnings, And The Foundations Of Tort Law, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
If all people were fully rational and cognizant of all the risks they faced, then they would always select an efficient level of safety in all their activities and other choices. Thus people would trade off the potential benefits of the risky behavior against the costs, including the risks to life and limb, and select the activity and product mix that best promoted their welfare. In such a world, there would not only be no need for hazard warnings, but there also would be no need for liability of any kind. Purchasers of hazardous products, for example, would always value …
Liability For Unreasonably And Unavoidably Unsafe Products: Does Negligence Doctrine Have A Role To Play, Joseph A. Page
Liability For Unreasonably And Unavoidably Unsafe Products: Does Negligence Doctrine Have A Role To Play, Joseph A. Page
Georgetown Law Faculty Publications and Other Works
To what extent, if any, should courts hold defendants liable for harm caused by hazards associated with the unduly and unavoidably dangerous aspects of goods they produce and market?
Where manufacturers might have eliminated unreasonable risks arising from the manufacture or design of a product, or from the information (or lack thereof) conveyed by a product's labeling, the tort system traditionally has provided injured victims with an opportunity to obtain compensation for injuries attributable to these risks. Moreover, even where risks from manufacturing or construction defects could not have been eliminated with the exercise of reasonable care, the courts have …