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.
Donoghue V. Stevenson's 60th Anniversary,
Franco Ferrari
Golden Gate University School of Law
Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari
Annual Survey of International & Comparative Law
No abstract provided.
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation,
Richard C. Ausness
University of Kentucky College of Law
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Law Faculty Scholarly Articles
Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …
The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims,
Cami Perkins
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims, Cami Perkins
Nevada Law Journal
No abstract provided.
Toxic Torts: Workable Defenses Available To The Corporate Defendant,
Robert St. Leger Goggin, Thomas A. Brophy
Villanova University Charles Widger School of Law
Toxic Torts: Workable Defenses Available To The Corporate Defendant, Robert St. Leger Goggin, Thomas A. Brophy
Villanova Law Review
No abstract provided.
Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations,
Michael F. Brown
Villanova University Charles Widger School of Law
Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown
Villanova Law Review
No abstract provided.
The "Bad Samaritan" Paradigm,
Anthony D'Amato
Northwestern University School of Law
The "Bad Samaritan" Paradigm, Anthony D'Amato
Faculty Working Papers
This essay will attempt to show that the disparity between the rule of law and the dictates of morality is itself a product of the paradigmatic way in which the "Bad Samaritan" cases are analyzed. If we examine the cases in an entirely different way, many of the standard problems will dissolve and new alternatives will become apparent. The essay will also show that the "Bad Samaritan" paradigm is part of a larger paradigm linking the law of torts with the criminal law, which also needs to be reexamined. Finally a recommendation for dealing with the "Bad Samaritan" problem legislatively …
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 …
Fixing Failure To Warn,
Aaron D. Twerski, James A. Henderson Jr.
Brooklyn Law School
Fixing Failure To Warn, Aaron D. Twerski, James A. Henderson Jr.
Cornell Law Faculty Publications
Design-defect and failure-to-warn cases share the same structural elements. Just as the defendant cannot defend a case premised on defective design without knowing the specifics of how the plaintiff would redesign the product to make it safer, so with regard to defective warnings the plaintiff cannot challenge the reasonableness of the defendant's marketing or whether better warnings would have saved the plaintiff from injury without knowing the specifics of the proposed warnings. No court would accept as adequate a statement by the plaintiff that she has a general idea for a reasonable alternative design (RAD), and no court should accept …
Products Liability: User Misconduct Defenses,
David G. Owen
University of South Carolina - Columbia
Products Liability: User Misconduct Defenses, David G. Owen
Faculty Publications
No abstract provided.
The George Washington University Law School
University of South Carolina - Columbia
