Contemporary Issues in Product Liability Law
Author | : Ellen Elizabeth Beerworth |
Publisher | : |
Total Pages | : 154 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
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Author | : Ellen Elizabeth Beerworth |
Publisher | : |
Total Pages | : 154 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
Author | : Mark Geistfeld |
Publisher | : Aspen Publishing |
Total Pages | : 800 |
Release | : 2021-10-07 |
Genre | : Law |
ISBN | : 1543820670 |
Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.
Author | : Peter William Huber |
Publisher | : |
Total Pages | : 19 |
Release | : 1989 |
Genre | : Products liability |
ISBN | : |
Author | : National Academy of Engineering |
Publisher | : National Academies Press |
Total Pages | : 214 |
Release | : 1994-02-01 |
Genre | : Technology & Engineering |
ISBN | : 0309051304 |
Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.
Author | : Markus Maurer |
Publisher | : Springer |
Total Pages | : 698 |
Release | : 2016-05-21 |
Genre | : Technology & Engineering |
ISBN | : 3662488477 |
This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the authors demonstrate that these benefits will only be achieved if vehicles have an appropriate safety concept at the heart of their design. Realizing the potential of automated vehicles to reorganize traffic and transform mobility of people and goods requires similar care in the design of vehicles and networks. By covering all of these topics, the book aims to provide a current, comprehensive, and scientifically sound treatment of the emerging field of “autonomous driving".
Author | : United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee for Consumers |
Publisher | : |
Total Pages | : 222 |
Release | : 1985 |
Genre | : Interstate commerce |
ISBN | : |
Author | : James A. Henderson |
Publisher | : Aspen Publishers |
Total Pages | : 776 |
Release | : 1997 |
Genre | : Law |
ISBN | : |
Henderson, and Twerski draw on their unique position as Reporters For The new Restatement of Products Liability, Third, To create an extremely effective coursebook. PRODUCTS LIABILITY: Problems and Process, Third Edition, blends theory and litigation to reflect the current status and future directions of products liability. Appropriate for a two- or three-credit course, this revision offers problems of exceptional quality. The new Restatement is expertly woven into the Third Edition, along with coverage of such important current issues as: failure-to-warn allocation of liability within the commercial chain of distribution corporate law's limits on liability federalism design In addition, users will find new cases and problems throughout the book. PRODUCTS LIABILITY: Problems and Process, Third Edition, Is easily adapted to your specific course needs. Optional problems let you decide which areas to emphasize. Henderson and Twerski know what works in the classroom, and they've spared no effort to reflect that knowledge in their outstanding revision. Be sure to adopt their new edition.
Author | : Stephanie A. Scharf |
Publisher | : Practising Law Inst |
Total Pages | : 1000 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9781402412578 |
Product Liability Litigation: Current Law, Strategies, and Best Practices provides comprehensive legal, technical, and strategic knowledge that maximizes your ability to prevail in consumer product liability cases, whether you're the plaintiff's or defendant's attorney.
Author | : W. Kip Viscusi |
Publisher | : Harvard University Press |
Total Pages | : 296 |
Release | : 1991 |
Genre | : Business & Economics |
ISBN | : 9780674753235 |
Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.
Author | : Michael J. Moore |
Publisher | : Brookings Institution Press |
Total Pages | : 62 |
Release | : 2004-05-13 |
Genre | : Business & Economics |
ISBN | : 9780815798798 |
A Brookings Institution Press and American Enterprise Institute publication Are liability "crises" an inevitable part of the modern industrial landscape? Does the inherent nature of the insurance industry promote recurring liability crises? What have been the effects of the liability reforms of the 1990s? Should lawyers be given de facto regulatory authority? This report provides perspective on these and other key issues concerning the law and economics of products liability. The authors begins with a brief description of the evolution of products liability doctrine in the U.S., up to the point of the liability crisis of the late 1980s. They discuss the economic implications of product risk for both consumers and producers, offer economic hypothesis on the implications of the increased scope of liability and subsequent reforms, and provide an update of trends in litigation and liability law. The book ends with a discussion of pending legislation and prospects for further improvements. Moore and Viscusi make the point that effective liability policy calls for a balancing of the incentives for improved public safety on one hand, and the benefits of new and existing products on the other.