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Full-Text Articles in Law
Constructing A Roof Before The Foundation Is Prepared: The Restatement (Third) Of Torts: Products Liability, Section 2(B) Design Defect, Frank J. Vandall
Constructing A Roof Before The Foundation Is Prepared: The Restatement (Third) Of Torts: Products Liability, Section 2(B) Design Defect, Frank J. Vandall
University of Michigan Journal of Law Reform
The Restatement (Third) of Torts: Products Liability section 2(b) is a wish list from manufacturing America. It returns products liability law to something more restrictive than negligence. What is new from the Reporters is that their proposal is written on a clean sheet of paper. Messy and awkward concepts such as precedent, policy, and case accuracy have been brushed aside for the purpose of tort reform. There has been almost no attempt to evaluate strict liability precedent or the policies underlying previous cases and the Restatement (Second) section 402A. Section 2b (the roof) has been drafted with little consideration of …
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Law Faculty Articles and Essays
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. Time and time again the court's philosophical approach, predicated on a need to protect injured parties and guarantee compensation for harm, has led to determinations that given legislation fails constitutional scrutiny. In a real sense, the Court has become a super …
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part Ii, Phillip L. Mcintosh
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part Ii, Phillip L. Mcintosh
Journal Articles
In 1993, the Mississippi legislature enacted the Mississippi Products Liability Act, the substantive portions of which became effective on July 1, 1994. Part I of this Article, previously published, discussed the purpose of the new Act; the definitions of basic terms of art used in the Act - such as "product," including whether used products are covered by the Act, "manufacturer," "seller," and "unreasonably dangerous"; and the interests protected by the Act. Part II of this article addresses the categories of defects forming the bases of claims for damages created by the Act, the liability of sellers and manufacturers, defenses …