Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Product liability (8)
- Consumer products (3)
- Express warranty (3)
- Hospital liability (2)
- Manufacturer's liability (2)
-
- Negligence (2)
- Privity (2)
- Absolute liability (1)
- Advertising (1)
- Advertising industry (1)
- Antigens (1)
- Breach of warranty (1)
- Caustic Poison Act (1)
- Charitable hospitals (1)
- Consumer goods (1)
- Consumer protection (1)
- Cosmetic law of 1938 (1)
- Direct liability (1)
- Discovery (1)
- Disparity of bargaining power (1)
- Doctor's opinions (1)
- Drug allergy (1)
- Exculpatory clauses (1)
- Eye injury (1)
- FDA (1)
- Failure to warn (1)
- False advertising (1)
- False imprisonment (1)
- Federal Trade Commission (1)
- Food allergy (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
Poisoning By Common Household Products, Robert D. Mercer
Poisoning By Common Household Products, Robert D. Mercer
Cleveland State Law Review
The danger of poisoning, especially of children, is widespread. In Greater Cleveland, Ohio alone, during 1957 (excluding deaths from automobile accidents) 43 children were accidentally killed. Eleven of those deaths were due to poisoning; all of the children being in the age group from one year to six years. In a recent six-month period the Poison Information Center of The Academy of Medicine of Cleveland received 1,535 calls concerning treatment for accidental poisoning of children. This figure by no means indicates the total number of cases of poisoning that actually occurred. These terrible statistics can be sharply reduced by proper …
Nature Of The Problem - What Is Warranty, Lee E. Skeel
Nature Of The Problem - What Is Warranty, Lee E. Skeel
Cleveland State Law Review
The ability of the common law to adopt desirable revisions of established legal principles, and yet to maintain stability, has been the basis of its strength as a world legal system. It certainly is desirable to continue the legal principles of express warranty, as defined by the common law, and to hold liable in tort one who induces a sales transaction to his benefit by direct (and untrue) statements to the buyer as to the quality or desirability of the goods sold. It is sound law and logic to permit an action for damages by virtue of the buyer's reasonable …
Optometrists' Tort Liability, Gerald F. Sweeney
Optometrists' Tort Liability, Gerald F. Sweeney
Cleveland State Law Review
The question "Do you need glasses?" should be answered in the affirmative by many people, nowadays. Most of us, at some time, find it necessary to visit one of the many establishments for the correction of defective vision. When the time does arrive, we are confident that our chosen "professional" will fill our needs adequately, yet, mistakes and oversights occur. What happens when a serious injury occurs as a result of this possibility? This article attempts to answer that question briefly.
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Cleveland State Law Review
Automobile guest statutes, like so many other new things that are a part of our daily life, were first approached with caution akin to apprehension, by both courts and lawyers. They were not quickly assimilated into the law. But today most of the ramifications of these statutes have been explored. Definite rules and standards have begun to take definite shape. The chief tests and criteria enunciated by the Ohio cases are generally valid anywhere.
Viewpoint Of The Consumer, Catherine H. Hotes
Viewpoint Of The Consumer, Catherine H. Hotes
Cleveland State Law Review
When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.
Food And Drug Allergy Causation And Characteristics, Richard R. Evans
Food And Drug Allergy Causation And Characteristics, Richard R. Evans
Cleveland State Law Review
It seems strange indeed that common and useful foods at times can do harm and even threaten life rather than sustain it. This is true of both advertised food products and of common, unadvertised foods. Food allergy may produce a variety of symptoms, including reactions involving the skin, the gastrointestinal tract, and the respiratory system; rarely, even severe constitutional shock-like reactions occur.
Proximate Cause As A Primary Element Of Fraud, Karl P. Seuthe
Proximate Cause As A Primary Element Of Fraud, Karl P. Seuthe
Cleveland State Law Review
The legal criterion by which fraudulent or predatory motivation is judged is not the "conscience" of the actor. Rather the external manifestations of conscience constitute the test of this motivation. Conduct, rather than subjective thought, is most frequently the standard or test employed by the community. In modern legal systems, conduct is of small significance unless it has some outward consequence which is actually or potentially harmful to the actor or others; fraud is such a consequence.
Tort Liability Of Hospitals, B. Joan Holdridge
Tort Liability Of Hospitals, B. Joan Holdridge
Cleveland State Law Review
In recent years, hospitals have undergone changes both in their financial and physical structures. These changes have resulted in a general alteration of the attitude of the courts toward the liability of hospitals for their torts. From a position of almost total immunity the pendulum is rapidly swinging toward liability generally for their negligence. Since most jurisdictions classify hospitals into three types: private, charitable, and public, when determining their liability or particular acts, this article will discuss each of these classes separately. However, for the sake of convenience, the general rules of liability will be set forth in the discussion …
Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum
Torts Of Administrative Personnel Of Hosptials, Rathuel L. Mccollum
Cleveland State Law Review
The purpose of this article is to review and analyze cases in which torts have been committed by hospital personnel who may be considered as administrative employees.
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Proof Of Product Defect (Metallurgical Case), Ellis B. Brannon, Robert F. Hehemann, Keith E. Weigle Jr.
Cleveland State Law Review
This article describes some of the problems of proof encountered in the preparation of a unique product liability case. No single case regarding a defective hand tool was found which presented a standard of conduct by which the plaintiff could claim the defendant was negligent in causing the plaintiff his unfortunate injury-the loss of an eye.
Tort Aspects Of Space Technology, Rathuel L. Mccollum
Tort Aspects Of Space Technology, Rathuel L. Mccollum
Cleveland State Law Review
The purpose of this article is to examine the tort problems connected with space activities.
Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason
Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason
Cleveland State Law Review
It is submitted that if courts are willing to assume the responsibility of imposing liability without fault, they must recognize the importance of holding plaintiffs to the burdens of proof which they have traditionally been required to bear. There is no valid social, economic, or legal theory which justifies a relaxation of these standards of proof under either theory oftort or express warranty. Particularly in the latter instance, where remote purchasers having no contact with the defendant are permitted to maintain actions without a showing of negligence, such relaxation can only encourage a multiplicity of spurious claims.
Liability Of Retailer And Wholesaler, William J. Hotes
Liability Of Retailer And Wholesaler, William J. Hotes
Cleveland State Law Review
With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty …
Advertising Law And Product Liability, Robert B. Dunsmore
Advertising Law And Product Liability, Robert B. Dunsmore
Cleveland State Law Review
Perhaps a quick look at the advertising industry will better enable us to form an opinion about the real merits of the liability imposed on a manufacturer as a result of representations made in his advertising.
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Federal Food, Drug, And Cosmetic Act - 20 Years Of Health Protection, Irvin Kerlan
Cleveland State Law Review
Twenty years of major public health protection have been provided since enactment of the Federal Food, Drug, and Cosmetic Act of 1938. The Food and Drug Administration, a constituent of the United States Department of Health, Education, and Welfare, enforces this Act and thereby carries out the purpose of Congress to insure that foods are safe, pure, and wholesome, and made under sanitary conditions; drugs and therapeutic devices are safe and effective for their intended uses; cosmetics are safe and prepared from appropriate ingredients; and that all of these products are honestly and informatively labeled and packaged. Man and animals …
Law Of Manufacturer's Liability, B. Joan Holdridge
Law Of Manufacturer's Liability, B. Joan Holdridge
Cleveland State Law Review
This article discusses the development of the law of manufacturer's liability under theories of negligence and express warranty.
Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson
Medical Malpractice Suits: A Physician's Primer For Defendants, Miley B. Wesson
Cleveland State Law Review
This paper is a primer for physicians and their counsel, outlining ways of avoiding a malpractice suit and what to expect in court. My first county medical society appointment in 1912 was as chairman of the legislative committee, and in the years intervening I have had wide experience advising doctors, helping defense attorneys, appearing in court many times as an expert witness, and as a defendant. So I speak from experience. The suggestions as to technique are, in the main, from the recordsm of three cases (containing photostatic copies of all office and hospital records, pyelograms, detective reports, etc.), loaned …
Exculpatory Clauses In Leases, Margaret Mazza
Exculpatory Clauses In Leases, Margaret Mazza
Cleveland State Law Review
Exculpatory clauses in leases are used in order to free the lessor from liability for his future acts of negligence. For the purpose of this article we will assume that there was a legal duty resting upon the party asserting the clause as a defense. The validity of such a provision then requires a choice between two conflicting policies: (1) a person should be liable for the negligent breach of his duty; (2) a person should have the right to contract freely. The common law developed the rights and duties of the parties in certain relations and determined that damages …