The author considers whether strict liability should be imposed for injuries caused by products that pose generic risks--risks that do not derive from flaws in the manufacturing process but from product design or from the very nature of the product. He reviews the American Law Institute (ALI) debate that preceded adoption of section 402A of the Restatement (Second) of Torts and finds the ambiguous meaning of comment k, which deals with unavoidably unsafe products, of little use in determining whether section 402A applies to generic product risks. After examining the policy justifications for imposing strict liability in cases involving design dejects and construction defects, The author concludes that, at least in cases involving generic ...
While no one would dispute that safety is a desirable objective, it may not always be an absolute pr...
One of the reasons for the current unhappy state of tort law generally—and of products liability law...
The law of strict liability, as set forth in Section 402A of the Restatement (Second) of Torts, prov...
The author considers whether strict liability should be imposed for injuries caused by products that...
The twenty years since the introduction of the concept of strict products Liability have been marked...
To what extent, if any, should courts hold defendants liable for harm caused by hazards associated w...
The proposed section 2(b) of the Restatement (Third) of Torts: Products Liability has caused a great...
American courts talk as though they are imposing strict enterprise liability on product manufacturer...
This article examines the relationship between two concepts found throughout the law of products lia...
The adoption of Section 402A of the Restatement (Second) of Torts in 1965 is commonly viewed as init...
Injuries from adverse drug reactions have increased dramatically in recent years. This increase is l...
Professor Wertheimer has proposed that courts be allowed to hold producers strictly liable for produ...
Strict liability for ultra-hazardous activities is entirely different from strict products liability...
At the center of § 402A of the Restatement (Second) of Torts, the fountainhead of modern products li...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
While no one would dispute that safety is a desirable objective, it may not always be an absolute pr...
One of the reasons for the current unhappy state of tort law generally—and of products liability law...
The law of strict liability, as set forth in Section 402A of the Restatement (Second) of Torts, prov...
The author considers whether strict liability should be imposed for injuries caused by products that...
The twenty years since the introduction of the concept of strict products Liability have been marked...
To what extent, if any, should courts hold defendants liable for harm caused by hazards associated w...
The proposed section 2(b) of the Restatement (Third) of Torts: Products Liability has caused a great...
American courts talk as though they are imposing strict enterprise liability on product manufacturer...
This article examines the relationship between two concepts found throughout the law of products lia...
The adoption of Section 402A of the Restatement (Second) of Torts in 1965 is commonly viewed as init...
Injuries from adverse drug reactions have increased dramatically in recent years. This increase is l...
Professor Wertheimer has proposed that courts be allowed to hold producers strictly liable for produ...
Strict liability for ultra-hazardous activities is entirely different from strict products liability...
At the center of § 402A of the Restatement (Second) of Torts, the fountainhead of modern products li...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
While no one would dispute that safety is a desirable objective, it may not always be an absolute pr...
One of the reasons for the current unhappy state of tort law generally—and of products liability law...
The law of strict liability, as set forth in Section 402A of the Restatement (Second) of Torts, prov...
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