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Full-Text Articles in Law
Product Liability's Parallel Universe: Fault-Based Liability Theories And Modern Products Liability Law, Richard C. Ausness
Product Liability's Parallel Universe: Fault-Based Liability Theories And Modern Products Liability Law, Richard C. Ausness
Law Faculty Scholarly Articles
Strict liability has always been the heart and soul of American products liability law. As early as 1963, Justice Roger Traynor in Greenman v. Yuba Power Products, Inc. stated that "[a] manufacturer is strictly liable in tort when an article he places on the market, knowing that it will be used without inspection for defects, proves to have a defect that causes injury to a human being." Shortly thereafter, the drafters of section 402A of the Restatement (Second) of Torts made it clear that the exercise of due care would not shield sellers from liability when their products caused injury. …
Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski
Drug Designs Are Different, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, James A. Henderson Jr., Aaron Twerski
Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
What Europe, Japan, And Other Countries Can Learn From The New American Restatement Of Products Liability, James A. Henderson Jr., Aaron Twerski
What Europe, Japan, And Other Countries Can Learn From The New American Restatement Of Products Liability, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski
Achieving Consensus On Defective Product Design, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski
The Politics Of The Products Liability Restatement, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Arriving At Reasonable Alternative Design: The Reporters' Travelogue, James A. Henderson Jr., Aaron Twerski
Arriving At Reasonable Alternative Design: The Reporters' Travelogue, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Substantial commentary and controversy have been generated by the requirement in the new Restatement (Third) of Torts: Products Liability that plaintiffs in most (but not all) cases involving claims of defective product design show that a reasonable alternative design was available and that failure to adopt the alternative rendered the defendant's design not reasonably safe. Henderson and Twerski explain the origins of that requirement and show that it is not only the majority position but also comports with widely shared views regarding the proper objectives of our liability system. Although consumer expectations cannot serve as a workable, stand-alone test for …
A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski
A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Should A "Process Defense" Be Recognized In Product Design Cases?, James A. Henderson Jr.
Should A "Process Defense" Be Recognized In Product Design Cases?, James A. Henderson Jr.
Cornell Law Faculty Publications
Professor Henderson, addressing the suggestion that the focus in product design liability cases should be on the process by which design decisions are made rather than on the reasonableness of a particular design, analyzes a proposal that manufacturers be able to present evidence of good process as a defense. Although he applauds the attempt to resolve the difficulties of deciding product design cases, he questions the soundness of the process approach. Specifically, he argues that a process defense would be unworkable because judges would be unable to tell good process from bad, and that the proposal does not address polycentricity--the …
Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.
Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Manufacturers' Liability For Defective Product Design: A Proposed Statutory Reform, James A. Henderson Jr.
Manufacturers' Liability For Defective Product Design: A Proposed Statutory Reform, James A. Henderson Jr.
Cornell Law Faculty Publications
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