Category Archives: Products liability

Castellano, Tohmé and Chisari, ‘Product liability under ambiguity’

ABSTRACT The introduction of new varieties of goods increases welfare under certainty and perfect competition. However, when the quality of new goods is uncertain, the need for a regulatory regime on liabilities and hazards arises. We examine the optimality of the regulatory mechanisms of quality under ambiguity (non-uniqueness of the probability distribution). We develop a […]

Wes Henricksen, ‘Deceive, Profit, Repeat: Public Deception Schemes to Conceal Product Dangers’

ABSTRACT Companies in numerous industries have misled the public by hiding the dangers posed by their products. Sugar manufacturers hid the dangers of high fructose corn syrup and misdirected the public’s attention to fat, causing an epidemic of diabetes, obesity, and heart disease. Opioid manufacturers hid the dangers and addictiveness of opioid painkillers, leading to […]

Avraham and Sebok, ‘An Empirical Investigation of Third Party Consumer Litigant Funding’

ABSTRACT This is the first large-scale empirical study of consumer third-party litigation funding in the United States. Despite being part of the American legal system for more than two decades there has been almost no real data-driven empirical study to date. We analyzed funding requests from American consumers in over 100,000 cases over a twelve […]

Anita Bernstein, ‘(Almost) No Bad Drugs: Near-Total Products Liability Immunity for Pharmaceuticals Explained’

ABSTRACT This Article explores four beliefs about supposed pharma-benevolence that appear to be shared by more than the industry, reaching the level almost of conventional wisdom. These figurative pillars help support one-sided results in court. However, each of the pillars on examination turns out at least a bit shaky. This Article puts them forward for […]

Aaron Perzanowski, ‘Consumer Perceptions of the Right to Repair’

ABSTRACT Device makers from Apple to John Deere have adopted strategies to thwart the repair of the products they sell. In response, state legislatures across the country are considering bills that would require firms to share replacement parts, tools, software updates, and documentation with independent repair shops and consumers. Beyond those legislative proposals, the policy […]

Katherine Sheriff, ‘Surveying Liability Models for Autonomous Vehicle Technology’

ABSTRACT This article provides an overview of potential liability models as applied to autonomous vehicles. Uncertainty is rampant among courts, regulators, legislators, law enforcement and consumers when considering how to react to accidents involving autonomous vehicles – however unlikely. Uncertainty during a technological transition provides fertile ground to test the boundaries of the law and […]

Mihailis Diamantis, ‘The Light Touch of Caveat Emptor in Crypto’s Wild West’

ABSTRACT Innovation is the defining feature of the cryptocurrency ecosystem. If, as has been suggested, the Securities and Exchange Commission and the Commodity Futures Trading Commission are pushing blockchain out of its ‘Wild West’ phase just ten years after it started, they may be shortchanging it by a couple of decades. The flip side of […]

Fairgrieve, Feldschreiber, Howells and Pilgerstorfer, ‘Products in a Pandemic: Liability for Medical Products and the Fight against Covid-19’

ABSTRACT The global war against severe acute respiratory syndrome coronavirus-2 (SARS-CoV-2), and the disease it causes (Covid-19), is being fought by many countries on many fronts. Equipment is essential in any war , and it is no different where that equipment takes the form of medical supplies. Faced with the current pandemic, a vast global […]

Steven Spires, ‘Misuse of the “Reasonably Anticipated Use” Standard in Louisiana Products Liability Act Jurisprudence’

INTRODUCTION … Part I of this Comment provides background on products liability law, both nationally and in Louisiana, and summarizes the basic structure of the LPLA. Part II examines the meaning of ‘reasonably anticipated use’, beginning with a textual analysis, followed by a review of the legal commentary and a comparison with the pre-LPLA jurisprudence’s […]

Jean-Sébastien Borghetti, ‘Civil Liability for Artificial Intelligence: What Should its Basis Be?’

ABSTRACT While there has already been much discussion among lawyers about liability for artificial intelligence (AI), comparatively little attention has been devoted to the actual basis of such liability. It is often taken for granted that product liability will apply to AI, but such liability is based in all legal systems on the product’s defect, […]