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The Products Liability Revolution - Proposals For Continued Legislative Response In The Automotive Industry, Stephen J. Werber

Law Faculty Articles and Essays

The law of automobile product liability in the United States developed intially through a process of evolution, as evidenced by the more than four decades between the leading decisions in the area. Since then, the restrained evolution of judicial development has become a revolution with its major focus of attack in several significant areas, including: (1) crashworthiness, (2) strict liability in tort, (3) burden of proof to establish the existence of a "defect"; and (4) apportionment of liability judgments, i.e., comparative fault versus joint and several liability. The purpose of this Article is twofold: to trace and comment upon these …