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Full-Text Articles in Law
Recent Developments In Tort Law And The Federal Courts, John W. Wade
Recent Developments In Tort Law And The Federal Courts, John W. Wade
Kentucky Law Journal
No abstract provided.
Generic Product Risks: The Case Against Comment K And For Strict Tort Liability, Joseph A. Page
Generic Product Risks: The Case Against Comment K And For Strict Tort Liability, Joseph A. Page
Georgetown Law Faculty Publications and Other Works
The author considers whether strict liability should be imposed for injuries caused by products that pose generic risks--risks that do not derive from flaws in the manufacturing process but from product design or from the very nature of the product. He reviews the American Law Institute (ALI) debate that preceded adoption of section 402A of the Restatement (Second) of Torts and finds the ambiguous meaning of comment k, which deals with "unavoidably unsafe" products, of little use in determining whether section 402A applies to generic product risks. After examining the policy justifications for imposing strict liability in cases involving design …