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Articles 1 - 13 of 13
Full-Text Articles in Law
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Dalhousie Law Journal
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products liability action in tort must prove four elements in order to succeed: first, that the product contains a defect traceable either to its manufacture, to its design, orto its warnings or instructions; second, that the defendant manufacturer was somehow negligent in connection with this defect; third, that there is some causal connection between the manufacturer's negligence and the damages suffered by the plaintiff; and fourth, that these damages are such as to give rise to compensation in law. In the United States, in …
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Scholarly Works
No abstract provided.
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault, Gail D. Hollister
Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault, Gail D. Hollister
Vanderbilt Law Review
All or nothing. For years this idea of absolutes has been a hallmark of tort law despite the inequities it has caused. Plaintiffs must either win a total victory or suffer total defeat. In recent years courts and legislatures have begun to recognize the injustice of the all-or-nothing approach and to replace it with rules that permit partial recoveries that are more equitably tailored to the particular facts of each case.' The most dramatic example of this more equitable approach is the nearly universal rejection of contributory negligence in favor of comparative fault in negligence cases. Almost all jurisdictions, however, …
Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis
Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis
Law Faculty Scholarly Articles
Responsibility for the consequences of our own actions and occasionally for the actions of others seems to have been largely forgotten as a foundation for governing conduct. This Article advocates re-emphasizing responsibility in one important area, that of manufacturer liability for product design. To that end, the author proposes the highest standard of conduct by which to judge product manufacturers' design decisions. The standard proposed in this Article is higher than merely reasonable, prudent conduct and is not the allegedly "strict" liability frequently imposed. The standard this Article proposes reflects an emphasis on responsible conduct in light of the special …
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Reflections On The Historical Context Of Section 402a, Oscar S. Gray
Touro Law Review
No abstract provided.
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo
Touro Law Review
No abstract provided.
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden
Touro Law Review
No abstract provided.
Panel Discussion Of Section 402a
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin
Touro Law Review
No abstract provided.
Putting A Chill On Contract Murder: Braun V. Soldier Of Fortune And Tort Liability For Negligent Publishing, Brian J. Cullen
Putting A Chill On Contract Murder: Braun V. Soldier Of Fortune And Tort Liability For Negligent Publishing, Brian J. Cullen
Villanova Law Review
No abstract provided.
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski
Touro Law Review
No abstract provided.
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Touro Law Review
No abstract provided.
Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris
Touro Law Review
No abstract provided.