Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania,
Robert F. Harchut
Villanova University Charles Widger School of Law
Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania, Robert F. Harchut
Villanova Law Review
No abstract provided.
Unavoidably Unsafe Products: Clarifying The Meaning And Policy
Behind Comment K,
Victor E. Schwartz
Washington and Lee University School of Law
Unavoidably Unsafe Products: Clarifying The Meaning And Policy
Behind Comment K, Victor E. Schwartz
Washington and Lee Law Review
No abstract provided.
Special Defenses In Products Liability Law,
David G. Owen
University of South Carolina - Columbia
Special Defenses In Products Liability Law, David G. Owen
Faculty Publications
No abstract provided.
Plaintiffs' Fault In Products Liability Cases: Why Are They Getting Away With It In Maryland?,
Gardner M. Duvall
Whiteford Taylor & Preston LLP
Plaintiffs' Fault In Products Liability Cases: Why Are They Getting Away With It In Maryland?, Gardner M. Duvall
University of Baltimore Law Review
No abstract provided.
Liability Of Engineers For Structural Design Errors: State Of The Art Considerations In Defining The Standard Of Care,
John C. Peck, Wyatt A. Hoch
Villanova University Charles Widger School of Law
Liability Of Engineers For Structural Design Errors: State Of The Art Considerations In Defining The Standard Of Care, John C. Peck, Wyatt A. Hoch
Villanova Law Review
No abstract provided.
The Case For A "Strong" Regulatory Compliance Defense,
Richard C. Ausness
University of Kentucky College of Law
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
Law Faculty Scholarly Articles
Federal administrative agencies have established safety standards or licensing procedures for airplanes, motor vehicles, pesticides, drugs, medical devices, and a variety of other products. At the same time, product sellers are subject to tort liability even though their products comply with applicable federal safety standards. Product sellers maintain that compliance with federal safety standards ought to protect them from liability under state tort law and have relied upon several legal principles to support this claim. The first, and most successful, theory is federal preemption. Under this concept, Congress may expressly or impliedly assert the primacy of federal law under the …
"Fasten Your Seat Belt, Orville!": Exploring The Relationship Between State-Of-The-Art, Technological And Commercial Feasibility, And The Restatement'S Reasonable Alternative Design Requirement,
Richard C. Ausness
University of Kentucky College of Law
"Fasten Your Seat Belt, Orville!": Exploring The Relationship Between State-Of-The-Art, Technological And Commercial Feasibility, And The Restatement'S Reasonable Alternative Design Requirement, Richard C. Ausness
Law Faculty Scholarly Articles
This Article begins by examining some of the case law involving the state-of-the-art concept and finds that it is principally concerned with technological feasibility. It also concludes that most cases do not treat state-of-the-art as conclusive on the design defect issue; rather, they merely consider it one of several factors that the fact finder may take into account when deciding whether a product's design is defective or not. Part II is concerned with technological development. This part examines two basic patterns of technological development and provides a number of historical examples for each. The first is a linear pattern, exemplified …
Defective Products And Product Warranty Claims In Minnesota,
J. David Prince
Mitchell Hamline School of Law
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
William Mitchell Law Review
Warranty law is an important supplement to tort law principles governing liability for defective products. Warranties arise from promises or assertions associated with either the sale of a product or some other transfer of a product for value. Such promises or assertions about a product may be express, made in the form of the seller’s statements about the qualities or attributes of the product, or they may simply be implied as a matter of policy. Although warranty law is generally regarded today as part of the body of contract law, the origins of warranty lie in tort. Important developments in …
“There's Danger Here, Cherie!”: Liability For The Promotion And Marketing Of Drugs And Medical Devices For Off-Label Uses,
Richard C. Ausness
University of Kentucky College of Law
“There's Danger Here, Cherie!”: Liability For The Promotion And Marketing Of Drugs And Medical Devices For Off-Label Uses, Richard C. Ausness
Law Faculty Scholarly Articles
Physicians often prescribe prescription drugs and other medications for uses that are not approved by the Food and Drug Administration ("FDA"), and such "off label" prescription is widely accepted within the medical community as a legitimate form of treatment. However, the federal government discourages off-label prescription and use in various ways. For example, the FDA restricts the dissemination of information by drug companies about potential off-label therapies. In addition, federally funded health insurance programs such as Medicaid do not reimburse health care providers for off-label uses. Because drug companies make large profits from off-label prescriptions, they are often tempted to …
Contributory Negligence In Product Liability,
S. Burns Weston
Cleveland State University
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.
The George Washington University Law School
University of South Carolina - Columbia
