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Reflections On Section 402a Of The Restatement (Second) Of Torts: A Mirror Crack’D, Charles E. Cantú
Reflections On Section 402a Of The Restatement (Second) Of Torts: A Mirror Crack’D, Charles E. Cantú
Faculty Articles
Section 402A of the Restatement (Second) of Torts forever changed the means by which an individual would be held liable for placing defective products into the stream of commerce. Strict liability, which had previously been restricted to cases involving dangerous activities and wild animals, became a new cause of action in almost all product cases. As a result, this section of the Restatement has been a catalyst to a multitude of litigation. More causes of action have been brought alleging strict liability for injuries caused by a defective product than in any other area of tort law.
Now that almost …
Products Liability: An Argument For Product Line Liability In Texas, Charles E. Cantú, David S. Goldberg
Products Liability: An Argument For Product Line Liability In Texas, Charles E. Cantú, David S. Goldberg
Faculty Articles
In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved.
This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …