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Articles 121 - 150 of 163
Full-Text Articles in Law
Extending The Boundaries Of Strict Products Liability: Implications Of The Theory Of The Second Best, James A. Henderson Jr.
Extending The Boundaries Of Strict Products Liability: Implications Of The Theory Of The Second Best, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Rethinking The Policies Of Strict Products Liability, David G. Owen
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
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 Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson
The Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson
Faculty Scholarship
The law of products Iiability has undergone a dramatic evolution since MacPherson v. Buick Motor Co. As a result of this rapid development, substantial uncertainty as to the scope of liability of product manufacturers and sellers exists. The purpose of this Article is to eliminate some of that confusion. After tracing the history and development of the law of products liability in Minnesota, the author discusses the various elements and standards of strict Iiability. Finally, the author proposes several jury instructions that help clarify the relationship between strict liability and negligence. Throughout the Article, Minnesota is used as a model …
The State Of The Art Defense In Products Liability: Unreasonably Dangerous To The Injured Consumer, Mark Desimone
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
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 Anatomy Of Products Liability In Minnesota: Principles Of Loss Allocation, Michael K. Steenson
The Anatomy Of Products Liability In Minnesota: Principles Of Loss Allocation, Michael K. Steenson
Faculty Scholarship
In this article, Professor Steenson continues the discussion that began in The Anatomy of Products Liability in Minnesota: The Theories of Recovery, appearing in the last Issue of the William Mitchell Law Review, by shifting the analytical focus to the problems involved in allocating awards among the parties in Minnesota products liability cases. Professor Steenson analyzes defenses, contribution and indemnity, and the impact of Minnesota's comparative fault act on products liability law.
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
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 …
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.
Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre
Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre
Florida State University Law Review
Torts-STRICT LIABILITY-DOG OWNERS VIRTUAL INSURERS FOR ANY DAMAGE CAUSED BY THEIR DOGS
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Faculty Publications
Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Seattle University Law Review
In Shepard v. Superior Court, the California Court of Appeals held that a party directly witnessing injury to a close relative could recover damages for resulting mental distress in a strict products liability action. By recognizing a duty to avoid infliction of emotional distress in a products liability case, Shepard elevated a manufacturer's duty in strict liability to the level recently recognized in a negligence action. The court correctly reasoned that a cause of action for mental distress in products liability was consistent with economic realities of modern society and the purposes behind products liability.
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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Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Law Faculty Articles and Essays
In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.
Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Cleveland State Law Review
What the government and the various states which have also reacted to the product liability "crisis" by passing "codes" have not faced, however, is the fact that the "uncertainties" they would abolish to a large extent only reflect the risks inherent in the manufacture and use of complex and even of simple products. Uncertainty and risk are allocated and occasionally misallocated by the tort system, but they are not caused by it. As a result, the proposed codes may well reallocate or shift the burdens of accident risks and uncertainty, in part or in whole, from the manufacturer (on whom …
Ford Motor Co. V. Evancho, 327 So. 2d 201 (Fla. 1976), Robert C. Apgar
Ford Motor Co. V. Evancho, 327 So. 2d 201 (Fla. 1976), Robert C. Apgar
Florida State University Law Review
Products Liability- AUTOMOBILE MANUFACTURER MUST DESIGN AND BUILD A CRASHWORTHY AUTOMOBILE.
Kentucky Law Survey: Torts, Richard C. Ausness
Kentucky Law Survey: Torts, Richard C. Ausness
Law Faculty Scholarly Articles
This issue of the Survey of Kentucky tort law includes recent decisions on false imprisonment, intentional infliction of emotional distress, and products liability. The first case, Consolidated Sales Co. v. Malone, held that Kentucky's shoplifter detention statute authorized a personal search of suspected shoplifters by store personnel. In the second case, Eigelbach v. Watts, the Kentucky Supreme Court adhered to its longstanding rule that physical impact was essential to an action for intentional infliction of emotional distress. Finally, in the third decision, McMichael v. American Red Cross, the Court, utilizing the Restatement's “unavoidably unsafe” rationale, refused to impose …
Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Expanding The Negligence Concept: Retreat From The Rule Of Law, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Enterprise Liability Theory Of Torts, Howard C. Klemme
The Enterprise Liability Theory Of Torts, Howard C. Klemme
Publications
No abstract provided.
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
St. Mary's Law Journal
Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
Law Faculty Scholarly Articles
Since the doctrine of caveat emptor gave way to a more enlightened response, the courts have struggled to place the law of products liability on a proper doctrinal foundation. Negligence, implied warranty, and strict liability have been used, but as yet no universally accepted theory has emerged. In light of this problem this article will trace the development of seller's liability in Florida. Special emphasis will be placed upon implied warranty; in addition, the relationship between existing Florida case law, strict liability under the Restatement of Torts and the warranty provisions of the Uniform Commercial Code will be examined.
Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi
Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi
Articles by Maurer Faculty
No abstract provided.
Products Liability-Drugs And Cosmetics, Page Keeton
Products Liability-Drugs And Cosmetics, Page Keeton
Vanderbilt Law Review
Much has been written by judges and scholars about abrogation of both the requirement of privity for recovery on warranty theories and the prerequisite of a finding of negligence for recovery on a tort theory against manufacturers and other sellers of all kinds of products.' As a consequence of this abrogation, the courts in some states have completed the change-over from a fault to a strict liability theory of recovery for harm resulting from unintended and latent dangerous conditions of products. Moreover, removal of initial restrictions limiting strict liability to users and consumers is proceeding apace, and the logical extension …
Fairness And Utility In Tort Theory, George P. Fletcher
Fairness And Utility In Tort Theory, George P. Fletcher
Faculty Scholarship
Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of …
Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review
Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review
Michigan Law Review
This Recent Development will briefly trace the development of hospital liability for transfusions of hepatitis-infected blood and will analyze both the impact of Cunningham on that area of the law and the correctness of the Cunningham decision.
Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber
Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber
Law Faculty Articles and Essays
It is the purpose of this article to review the decisional law of automobile crashworthiness and to place it in the context of important policy considerations which justify such judicial determinations. It will be shown that the great majority of these decisions are entirely consistent with the doctine of "strict tort liability" as enunciated in section 402A of the Restatement of Torts, Second; that the questions sought to be submitted to juries in these cases are properly the subject of highly technical and complex legislative and administrative action on both a state and federal level; and that the few decisions …
Product Liability And The Pill, Joyce Barrett
Product Liability And The Pill, Joyce Barrett
Cleveland State Law Review
The Pill has been on the market now for ten years and has been inwide use for five. Only within the last year, however, have widespread reports of the adverse effects associated with the Pill been publicized. While the Pill manufacturers may be aiding society by providing a convenient and effective method of checking the overpopulation problem, they are also handsomely profiting from Pill sales. Thus, the burden of compensating those injured by oral contraceptives should properly fall on the manufacturers and be treated as a cost of production. This, in turn, should prompt the manufacturers to initiate more ambitious …
Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge
Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge
University of Michigan Journal of Law Reform
The accounting profession rapidly is moving toward a crisis in liability. Members of the investing public are suing accountants with mounting frequency and success. This article will analyze briefly the origin and present dimensions of the crisis, and then propose a plan for replacing court-imposed liability with insured liability through the offering of financial statement insurance. The essentials of the plan can be simply stated. Insurance would be offered by accountants to investors on a voluntary basis in conjunction with purchases and sales of corporate stock and securities. Individual investors would be able to purchase from the auditors of a …
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Cleveland State Law Review
The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.
Product Liability For A Defective House, Joseph A. Valore
Product Liability For A Defective House, Joseph A. Valore
Cleveland State Law Review
The position of the American courts regarding the matter of the liability of a builder-vendor for his work is best answered by examining cases from some of the various jurisdictions to see how the problem has been handled. A builder should be held to warrant his product to be free from defects and to be suitable for the use intended. The cases reflect the growing desire to provide the buyer of a new house with this protection. Yet, protection is generally extended only to one who buys a house which is not finished.