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Cleveland State Law Review

Assumption of risk

1963

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Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr. Jan 1963

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 …


Contributory Negligence In Product Liability, S. Burns Weston Jan 1963

Contributory Negligence In Product Liability, S. Burns Weston

Cleveland State Law Review

This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.