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Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment For Pro Rata Release In Excess Of Its Pro Rata Share Operated To Satisfy Injured Party's Judgment Entered Against Nonsettling Joint Tort-Feasor. Martinez V. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier
University of Baltimore Law Review
No abstract provided.
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
University of Baltimore Law Review
The sophisticated user defense provides a defense to manufacturers in products liability failure to warn cases. The defense is premised on the theory that a manufacturer has no duty to warn users of the product who have the sophisticated knowledge necessary to understand the risks associated with use of the product. Courts are in disagreement, however, as to the validity of this defense in failure to warn actions. In this comment, the author traces the development of products liability law and analyzes the application of Restatement (Second) of Torts sections 388 and 402A in failure to warn cases. The author …
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
University of Baltimore Law Review
In recent years, product liability law in Maryland and across the country has placed greater responsibility on the manufacturers of products causing injury. In this article, the authors review the traditional theories of manufacturer liability and discuss the novel theories being advanced to expand that liability. Also considered are the defenses available to manufacturers, both traditional and emerging. The authors conclude with the prognosis that because the pendulum has swung so far in the direction of placing greater responsibility on manufacturers, further expansion of manufacturer liability is both unlikely and inappropriate.