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Full-Text Articles in Law
An Economic Analysis Of Liability For Aids-Contaminated Blood Products, George Ferrell
An Economic Analysis Of Liability For Aids-Contaminated Blood Products, George Ferrell
Seattle University Law Review
The purpose of this Comment is to develop an economic analysis of possible blood products liability rules in order to determine what the effects of such rules are on blood users and providers. To the extent that current liability rules fail to promote an efficient allocation of risks and resources, this Comment will propose changes designed to correct such deficiencies.
Recovery Of Pure Economic Loss In Product Liability Actions: An Economic Comparison Of Three Legal Rules, Heidi A. Irvin, Mark S. Carlson
Recovery Of Pure Economic Loss In Product Liability Actions: An Economic Comparison Of Three Legal Rules, Heidi A. Irvin, Mark S. Carlson
Seattle University Law Review
This Comment argues that in the allocation of pure economic loss caused by product failure, the negligence rule is generally more efficient than a strict liability rule and that a contract rule is almost always more efficient than a negligence rule. Part II presents a general discussion of the attributes of an economically efficient remedy. In Part III, three legal rules used to allocate pure economic loss are scrutinized under the standards set forth in Part II.
The Design Defect Test In Washington: The Requisite Balance, Joshua J. Preece
The Design Defect Test In Washington: The Requisite Balance, Joshua J. Preece
Seattle University Law Review
This Comment examines Washington's application of the design defect consumer expectations test. Washington courts have been inconsistent during the recent transition in products liability law. A case in point is Conner v. Skagit Corp.," in which the plaintiff was allowed to proceed with a design defect cause of action while offering proof of only one factor from the consumer expectations test. Accordingly, this Comment suggests that design defect plaintiffs must offer proof of multiple factors that relate to the issue of defectiveness and reasonableness. This proposal will be discussed in light of regional and national products liability theory and …
Washington's Product Liability Act, Philip A. Talmadge
Washington's Product Liability Act, Philip A. Talmadge
Seattle University Law Review
The Washington Legislature in its 1981 session enacted Senate bill 3158,1 the Tort and Product Liability Reform Act, a comprehensive change in product liability and tort law in the State of Washington. This change, perhaps the most sweeping legislative involvement in Washington tort law in this century, was accomplished after many years of extremely bitter political conflict over product liability and tort reform; Senate bill 3158, however, passed the legislature with little of the acrimony previ- ously associated with the issue. This article explores the involve- ment of the legislature in product liability and tort reform his- torically, reviews the …
Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy
Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy
Seattle University Law Review
The current interest in statutory reform of product liability law presents a unique opportunity for the Washington Legislature to make some principled decisions in furtherance of the policies behind product liability law. The legislature, in deciding the future direction of product liability law in Washington, must look beyond polarized interests to policy considerations for guidance.