Category Archives: Products liability

Smillie, Eccleston-Turner and Cooper, ‘C-621/15 – W And Others v Sanofi Pasteur: An Example of Judicial Distortion and Indifference to Science’

Abstract This case commentary examines the CJEU’s recent decision in C-621/15 W and Others v Sanofi Pasteur MSD SNC [2017] ECR I. This commentary critically examines the decision through the lens of the cultural conflict between law and science. We argue that the CJEU’s decision reflects both a distortion of scientific knowledge and an improper […]

David Berke, ‘Products Liability in the Sharing Economy’

Abstract: This Note undertakes an in-depth review of an important legal problem that has not yet been addressed – the role of products liability in the sharing economy. To date, two foundational questions have not been posed in the sharing economy literature, much less answered. First, what descriptive role, if any, does products liability have […]

Jacob Eisler, ‘One Step Forward and Two Steps Back in Product Liability: The Search for Clarity in the Identification of Defects’

Abstract: Product liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (‘CPA’). In Wilkes v Depuy International Ltd [2016] EWHC 3096 (QB), Hickinbottom J offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected […]

Florian Baumann, ‘Product Liability in Markets for Vertically Differentiated Products’

Abstract: This article shows that shifting losses from consumers with heterogeneous harm levels to vertically differentiated duopolists increases product safety levels, while narrowing the degree of product differentiation. Our setup features observable (but possibly nonverifiable) product safety levels and firms subject to strict liability according to a parametric liability specification. Firms’ expected liability payments depend […]

Gregory Keating, ‘Products Liability As Enterprise Liability’

Abstract: In the American legal academy, the prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than thirty years ago. George Priest’s brilliant 1985 paper The Invention of Enterprise Liability, asserted that modern American products liability law in its formative moment was enterprise liability incarnate, […]

‘Is a dog a product?’

“The Abnormal Use blog is reporting on an interesting story about a lawsuit against a Humane Society pet shelter based on the fact that a dog adopted from the agency bit a 15-month old child. What is interesting is that the cause of action is based on product liability principles. The case apparently argues that […]

Alan Butler, ‘Products Liability and the Internet of (Insecure) Things: Should Manufacturers Be Liable for Damage Caused by Hacked Devices?’

Abstract: Despite the fact that discussions of liability for defective software go back more than forty years, there is no clear consensus on what theory governs liability for damage caused by ‘onnected devices’ (or the ‘Internet of Things’). However, the proliferation of IoT devices may be the catalyst for a new field of ‘connected devices’ […]

Call For Papers: Consumers as Sustainable Market Actors: University of Sheffield, 6 July 2017

The conference intends to think critically about the role which consumers can play for the promotion of greater sustainable development. It invites papers that discuss how consumers already contribute to the promotion of sustainable development and how consumers could do this better if, for example, amendments to the law were made. The conference is open […]

Bryant Smith, ‘Automated Driving and Product Liability’

Abstract: This Article focuses on one cyberphysical domain – automated driving – to methodically analyze the so-called liability problem. It considers how automated driving could affect product liability, how product liability could affect automated driving, and how each could advance or impede the prevention of injury and the compensation of victims. Smith, Bryant Walker, Automated […]

‘The liability of golf clubs (again)’

“Reparation actions against golf clubs (or golfers) seem to be occurring with increasing regularity in recent years. In 2014, there were the cases of Phee v Gordon [2014] CSIH 18, which concerned a golfer struck by a golf ball hit by another player, as well as McMahon v Dear [2014] CSOH 100, which related to […]