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Strict liability

Cleveland State University

1978

Articles 1 - 2 of 2

Full-Text Articles in Law

Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi Jan 1978

Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi

Cleveland State Law Review

What the government and the various states which have also reacted to the product liability "crisis" by passing "codes" have not faced, however, is the fact that the "uncertainties" they would abolish to a large extent only reflect the risks inherent in the manufacture and use of complex and even of simple products. Uncertainty and risk are allocated and occasionally misallocated by the tort system, but they are not caused by it. As a result, the proposed codes may well reallocate or shift the burdens of accident risks and uncertainty, in part or in whole, from the manufacturer (on whom …


Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber Jan 1978

Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber

Law Faculty Articles and Essays

In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.