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Cornell University Law School

Torts

Risk-utility test

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, James A. Henderson Jr., Aaron Twerski Apr 2000

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 Jan 1999

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.


A Discussion And A Defense Of The Restatement (Third) Of Torts: Products Liability, James A. Henderson Jr. Jan 1998

A Discussion And A Defense Of The Restatement (Third) Of Torts: Products Liability, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Arriving At Reasonable Alternative Design: The Reporters' Travelogue, James A. Henderson Jr., Aaron Twerski Jan 1997

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 …