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Full-Text Articles in Law

Rethinking The Policies Of Strict Products Liability, David G. Owen Apr 1980

Rethinking The Policies Of Strict Products Liability, David G. Owen

Vanderbilt Law Review

In the evolution of products liability law, therefore,should be the time for doing what usually comes late in the common-law process: to develop a system of fundamental social values and goals to be protected and advanced by the law in this area. Broadly stated, an appropriate balance between individual liberty and social welfare needs to be struck within a fair and workable adjudicatory system. Once a jurisprudential basis of this type has been set, we may then begin to develop a consistent set of principles tailored to this area of the law. It will then be possible to construct one …


Unmasking The Test For Design Defect: From Negligence [To Warranty] To Strict Liability To Negligence, Sheila L. Birnbaum Apr 1980

Unmasking The Test For Design Defect: From Negligence [To Warranty] To Strict Liability To Negligence, Sheila L. Birnbaum

Vanderbilt Law Review

This Article will consider the problems engendered by imprecise judicial analysis of the notion of design defect. The central issues informing this investigation are as follows: (1) Can the notion of manufacturer fault or negligence be rationally eliminated in a design defect case? and (2) Should the term "unreasonably dangerous" be retained in the definition of defect in a design case, and if so, how should it be defined?


The State Of The Art Defense In Products Liability: Unreasonably Dangerous To The Injured Consumer, Mark Desimone Jan 1980

The State Of The Art Defense In Products Liability: Unreasonably Dangerous To The Injured Consumer, Mark Desimone

Duquesne Law Review

No abstract provided.


The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe Jan 1980

The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe

Cleveland State Law Review

This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …


The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe Jan 1980

The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe

Cleveland State Law Review

This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …