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Full-Text Articles in Law
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Cleveland State Law Review
Although claims predicated on harm caused by defective products sounding in warranty and negligence, aided and abetted by the doctrine of res ipsa loquitur, existed well before the twentieth century, product liability as we now know it was initially foreshadowed in Ohio in the seminal case of Rogers v. Toni Home Permanent Co. Shortly after the true product liability revolution began, Ohio joined the revolution with the adoption of strict liability in warranty without privity in Lonzrick v. Republic Steel Corp. The Ohio Supreme Court then recognized that this approach to strict liability was no different from the more recognized …
Loosing The Shackles Of No-Fault In Strict Liability: A Better Approach To Comparative Fault, Nick Satullo
Loosing The Shackles Of No-Fault In Strict Liability: A Better Approach To Comparative Fault, Nick Satullo
Cleveland State Law Review
Products liability law in America has crossed a new threshold. The current trend toward comparative fault in strict products actions moves with such force that it is only a question of time before it assumes majority status. The fundamental question of what comparative fault means to products liability law has yet to be answered. Of the courts that have ruled on comparative fault and strict liability, none have offered elaborate rationales for their position; those in favor maintain that "equity" demands comparative fault, while those against stress that fault and strict liability are incapable of comparison. As this Note shall …
The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller
The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller
Cleveland State Law Review
It is difficult to understand how a product so intimately connected with a bodily function and presenting such a potential for serious harm was allowed on the market without pre-market clearances assuring that it had met at least minimum standards of safety. This development is especially distressing since there exists a governmental agency whose sole function is to protect the public interest in precisely this type of situation. Since the law of products liability should not deny a remedy to the unwary consumer whose reliance on the overzealous representations of the manufacturer ended in tragedy, this note will examine the …
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Cleveland State Law Review
As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as "contributory negligence" and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim …
Poisoning By Common Household Products, Robert D. Mercer
Poisoning By Common Household Products, Robert D. Mercer
Cleveland State Law Review
The danger of poisoning, especially of children, is widespread. In Greater Cleveland, Ohio alone, during 1957 (excluding deaths from automobile accidents) 43 children were accidentally killed. Eleven of those deaths were due to poisoning; all of the children being in the age group from one year to six years. In a recent six-month period the Poison Information Center of The Academy of Medicine of Cleveland received 1,535 calls concerning treatment for accidental poisoning of children. This figure by no means indicates the total number of cases of poisoning that actually occurred. These terrible statistics can be sharply reduced by proper …
Viewpoint Of The Consumer, Catherine H. Hotes
Viewpoint Of The Consumer, Catherine H. Hotes
Cleveland State Law Review
When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Cleveland State Law Review
This article describes some of the problems of proof encountered in the preparation of a unique product liability case. No single case regarding a defective hand tool was found which presented a standard of conduct by which the plaintiff could claim the defendant was negligent in causing the plaintiff his unfortunate injury-the loss of an eye.
Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason
Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason
Cleveland State Law Review
It is submitted that if courts are willing to assume the responsibility of imposing liability without fault, they must recognize the importance of holding plaintiffs to the burdens of proof which they have traditionally been required to bear. There is no valid social, economic, or legal theory which justifies a relaxation of these standards of proof under either theory oftort or express warranty. Particularly in the latter instance, where remote purchasers having no contact with the defendant are permitted to maintain actions without a showing of negligence, such relaxation can only encourage a multiplicity of spurious claims.
Law Of Manufacturer's Liability, B. Joan Holdridge
Law Of Manufacturer's Liability, B. Joan Holdridge
Cleveland State Law Review
This article discusses the development of the law of manufacturer's liability under theories of negligence and express warranty.
Liability Of Retailer And Wholesaler, William J. Hotes
Liability Of Retailer And Wholesaler, William J. Hotes
Cleveland State Law Review
With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty …
Advertising Law And Product Liability, Robert B. Dunsmore
Advertising Law And Product Liability, Robert B. Dunsmore
Cleveland State Law Review
Perhaps a quick look at the advertising industry will better enable us to form an opinion about the real merits of the liability imposed on a manufacturer as a result of representations made in his advertising.
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Cleveland State Law Review
Twenty years of major public health protection have been provided since enactment of the Federal Food, Drug, and Cosmetic Act of 1938. The Food and Drug Administration, a constituent of the United States Department of Health, Education, and Welfare, enforces this Act and thereby carries out the purpose of Congress to insure that foods are safe, pure, and wholesome, and made under sanitary conditions; drugs and therapeutic devices are safe and effective for their intended uses; cosmetics are safe and prepared from appropriate ingredients; and that all of these products are honestly and informatively labeled and packaged. Man and animals …