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Full-Text Articles in Law
Strict Liability Comes Of Age In Ohio: Almost, Stephen J. Werber
Strict Liability Comes Of Age In Ohio: Almost, Stephen J. Werber
Akron Law Review
In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strict liability and had engendered considerable confusion as to the substantive theory supporting possible recovery. Temple apparently ended the confusion.
Liability For Product Design In Ohio - A First Step Toward Solution, Edgar A. Strause, James H. Hedden
Liability For Product Design In Ohio - A First Step Toward Solution, Edgar A. Strause, James H. Hedden
Akron Law Review
This article concerns an area of the law of strict liability in tort which is now emerging from an embryonic stage in Ohio - namely, a manufacturer's liability for conscious design choices in developing its product. It is the thesis of this article that in the recent case of Temple v. Wean United, Inc., the Ohio Supreme Court has taken a major step toward a solution to the inherent difficulties in passing judgment upon the reasonableness of a manufacturer's conscious design choices. In doing so, the court has simultaneously lessened the otherwise open-ended exposure of manufacturers to liability concerning …
The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty
The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty
Akron Law Review
In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.