Category Archives: Products liability

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 […]

Madeline Roe, ‘Who’s Driving That Car?: An Analysis of Regulatory and Potential Liability Frameworks for Driverless Cars’

ABSTRACT Driverless, or autonomous, cars are being tested on public roadways across the United States. For example, California implemented a new regulation in 2018 that allows manufacturers to test driverless cars without a person inside the vehicle, so long as the manufacturers adhere to numerous requirements. The emergence of these vehicles raises questions about accident […]

‘Comparative Pharmaceutical Products Liability’

“The latest issue of the journal Pharmaceuticals Policy and Law is devoted to comparative pharmaceutical products liability. Mike Green and I contributed a descriptive piece on US law, and Marshall Shapo did as well …” (more) [Christopher Robinette, TortsProf Blog, 8 January]

Vibe Ulfbeck, ‘Supply Chain Liability for Workers’ Injuries – Lessons to be Learned from Products Liability?’

Abstract It is argued that supply chain liability could be based either on tort law or on contract law and – drawing on experience from product liability law – it is examined whether there is a basis for assuming that these two approaches might end up merging into one unified approach forming the basis of […]

Marco Rizzi, ‘A Dangerous Method: Correlations and Proof of Causation in Vaccine Related Injuries’

Abstract In June 2017 the Court of Justice of the European Union (CJEU) handed down a complex decision on the liability of vaccine producers. The reference for a preliminary ruling stemmed from a French case in which a hepatitis B vaccine manufactured by Sanofi Pasteur allegedly caused personal injury to Mr W in the form […]

Estelle Brosset, ‘Distinguishing between law and science in terms of causation and the hepatitis B vaccine: W v Sanofi Pasteur

Case C-621/15, NW and Others v Sanofi Pasteur MSD and Others, Judgment of the Court of Justice (Second Chamber) of 21 June 2017, EU:C:2017:484. In this preliminary ruling, the Court of Justice, answering the French Supreme Court, ruled that Article 4 of Directive 85/374 on the approximation of the laws, regulations and administrative provisions concerning […]

Howells, Twigg-Flesner and Willett, ‘Protecting the Values of Consumer Law in the Digital Economy: The Case of 3D-Printing’

Abstract The law on consumer goods is currently underpinned to a significant degree by the need ethic (prioritising protection of consumers as vulnerable parties, over business self-interest and consumer self-reliance). This is manifest in strict and quasi-strict liability standards. Notwithstanding 3D-printing innovations, there is a good case for adherence to the need ethic: The risks […]

Bryan Choi, ‘Crashworthy Code’

Abstract Code crashes. Yet for decades, software failures have escaped scrutiny for tort liability. Those halcyon days are numbered: self-driving cars, delivery drones, networked medical devices, and other cyber-physical systems have rekindled interest in understanding how tort law will apply when software errors lead to loss of life or limb. Even after all this time, […]

Yonathan Arbel, ‘Reputation Failure: Market Discipline and Its Limits’

Abstract  Free-market advocates seek to repeal broad swaths of tort, contract, and consumer law, trusting reputation to provide effective market-discipline. Their core belief is that reputation assures honest dealings because a seller reputed to sell inferior goods will lose business. Realizing that, the rational seller will behave honestly in order to maximize profits, thus obviating […]

Michelle Sellwood, ‘The Road to Autonomy’

Abstract This Comment discusses the background of AI and robotics, the technology behind the autonomous vehicle, and the evolution of products liability laws. Part III examines current regulations, the benefits of autonomous technology, and the need for a definitive liability framework. Part IV discusses why current tort liability laws will be ineffective in governing autonomous […]