Law Commons^™

Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky

Peter Zablotsky

No abstract provided.

The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky

Peter Zablotsky

No abstract provided.

Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

The authors agree with Professor Kysar that the current version of the consumer expectations test for design defectiveness is an amorphous, unprincipled misreading of section 402A of the Restatement (Second) of Torts. And they agree that most courts apply risk-utility balancing in determining design defectiveness. But they disagree with Kysar's proposal to supplement risk-utility balancing with a reinvigorated consumer expectations test based on expert testimony regarding what consumers actually expect in the way of design safety. Judicial reliance on such testimony would be susceptible to result-oriented manipulation by litigants, would not guide manufacturers in making sensible design choices, would pressure …

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 …

Eliminating Proximate Cause As An Element Of The Prima Facie Case From Strict Products Liability, Peter Zablotsky

Scholarly Works

No abstract provided.

Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme

Publications

No abstract provided.

The Recycling, Dismantling, And Destruction Of Goods As A Foreseeable Use Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantú

Faculty Articles

The past thirty years have witnessed the significant expansion and transformation of products liability law. While much of the initial confusion regarding the application and interpretation of Section 402A of the Restatement (Second) of Torts has been settled, some problems remain.

One of these problem areas involves the allocation of liability for injuries resulting from the destruction, dismantling, and recycling of products whose useful lives have come to an end. In this situation, the law has evolved to provide a rule that imposes no liability upon the manufacturer. The courts have reasoned that individuals engaged in reclamation procedures are not …

Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky

Scholarly Works

No abstract provided.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski

American University Law Review

No abstract provided.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

A New Look At An Old Conundrum: The Determinative Test For The Hybrid Sales/Service Transaction Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantú

Faculty Articles

Historically, the concept of strict tort liability was confined to two areas: injuries resulting from dangerous activities, and harm inflicted by wild and/or dangerous animals. However, in 1963, the California Supreme Court held in Greenman v. Yuba Power Products that the theory of strict liability in tort also included products. Then, in 1965, The Restatement (Second) of Torts adopted Section 402A and endorsed the theory of Greenman that strict liability was available as a distinct cause of action in litigation involving injuries caused by defective products.

Though there was some initial confusion associated with the application of some of the …

From A Defense Attorney's Perspective: "There Is No Free Lunch", Michael Crofton

Touro Law Review

No abstract provided.

The Proposed Products Liability Restatement: A Misguided Revision, Jerry Phillips

Touro Law Review

No abstract provided.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski

American University Law Review

No abstract provided.

Introduction, Honorable George C. Pratt

Touro Law Review

No abstract provided.

Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo

Touro Law Review

No abstract provided.

Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.

Touro Law Review

No abstract provided.

Panel Discussion Of Section 402a

Touro Law Review

No abstract provided.

From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski

Touro Law Review

No abstract provided.

The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky

Touro Law Review

No abstract provided.

Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris

Touro Law Review

No abstract provided.

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.

What Must Cause Injury In Products Liability?, Aaron Gershonowitz

Indiana Law Journal

No abstract provided.

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 …

Products Liability: Dean Wade And The Constitutionality Of Section 402a, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.