Category Archives: Products liability

Patricia Cherana, ‘Assigning Liability In An Autonomous World Together With Reforming The Law According To The Modern Advances In The Medical Field’

ABSTRACT Due to the blooming advancement of technology, the application field of robotics became manifold. From performing surgeries, to shooting trespassers or babysitting our kids, robots started to dominate news headlines. Given the fact that this general intransigence progressively became visible within all sectors, much hype has been engendered towards the growing concern of its […]

Masterman and Viscusi, ‘The Specific Consumer Expectations Test for Product Defects’

ABSTRACT … In this Article, we propose that courts adopt an amended version of the consumer expectations test that we call the ‘specific consumer expectations test’. The specific consumer expectations test would apply to any product or product component for which consumers have clear, articulable ex ante expectations about the function of the product. Under […]

Christopher Bradley, ‘The Consumer Protection Ecosystem: Law, Norms, and Technology’

ABSTRACT Consumer law provokes fierce policy debate on issues from identity theft to online privacy, from arbitration clauses and class action lawsuits to Americans’ accumulation of debt and the unsavory practices sometimes used to collect. Pervasive technology in every aspect of consumer transacting has opened up many new fronts in these battles. Scholars, policymakers, and […]

James Henderson, ‘Civil Liability for Encouraging Bad Behavior: From Cheering at a Gang Rape to Promoting Opioid Abuse’

ABSTRACT This Article examines the civil liability of actors who encourage others to behave badly, thereby causing harm. The analysis distinguishes between individual encouragers and business-entity encouragers. Individuals most often intend for the bad behaviors and the consequential harms to occur – witness cheerleaders at a gang rape. This Article advocates stern treatment of such […]

Abraham and Rabin, ‘Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era’

ABSTRACT Over a century ago, industrialization and its accompanying increase in workplace injuries were placing substantial pressures on the tort system and its ability to compensate the victims of these injuries. Eventually, the interests of labor and management came together, giving rise to a new administrative compensation system. Unlike tort remedies, this new scheme imposed […]

Rebecca Crootof, ‘The Internet of Torts’

ABSTRACT The proliferating internet-connected devices that constitute the ‘Internet of Things’ (IoT) grant companies unprecedented control over consumers’ use of property, often at the expense of consumer safety. Companies can now remotely – and, with algorithmic enforcement, automatically – alter or deactivate items, a practice that causes foreseeable property damage and even bodily injury when […]

Adler and Popper, ‘The Misuse of Product Misuse: Victim Blaming at Its Worst’

ABSTRACT This paper addresses the legal consequences that surface when a consumer uses a product in a manner not specifically intended by that product’s designer or manufacturer. If a product is used in a reasonably foreseeable manner, the fact that the use is at odds with a manufacturer’s intention should not be a basis to […]

Frank Vandall, ‘Tincher Unmasked’

ABSTRACT Over 76 years ago, Justice Traynor of the California Supreme Court called for the adoption of strict liability for products liability cases and for the rejection of negligence in such cases. The Supreme Court of Pennsylvania recently agreed in Tincher v Omega Flex, Inc. Strict liability leads to corporate liability and this results in […]

Bryan Casey, ‘Robot Ipsa Loquitur’

ABSTRACT … in a world where vexingly complex robots roam, how could one possibly find the needle of negligence in a haystack comprised of millions of lines of computer code? This Article challenges that view. In sharp contrast to the prevailing wisdom, it argues that widespread debates over the so-called ‘vexing tort problems’ raised by […]

Eric Talley, ‘Automatorts: How Should Accident Law Adapt to Autonomous Vehicles? Lessons from Law and Economics’

ABSTRACT The introduction of autonomous vehicles (AVs) onto the nation’s motorways raises important questions about our legal system’s adaptability to novel risks and incentive problems presented by such technology. A significant part of the challenge comes in understanding how to navigate the transition period, as AVs interact routinely with conventional human actors. This paper extends […]