Category Archives: Products liability

Thomas Verheyen, ‘Modern Theories of Product Warnings and European Product Liability Law’

ABSTRACT Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented […]

Thomas Verheyen, ‘Modern Theories of Product Warnings and European Product Liability Law’

ABSTRACT Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented […]

Rebecca Crootof, ‘The Internet of Torts: Expanding Civil Liability Standards to Address Corporate Remote Interference’

ABSTRACT Thanks to the proliferation of internet-connected devices that constitute the ‘Internet of Things’ (‘IoT’), companies can now remotely and automatically alter or deactivate household items. In addition to empowering industry at the expense of individuals, this remote interference can cause property damage and bodily injury when an otherwise operational car, alarm system, or implanted […]

‘Modernisation Directive adopted by the Council’

“The Council adopted the Modernisation Directive today, ie directive on the better enforcement and modernisation of EU consumer law, which introduces changes to the Consumer Rights Directive, Unfair Commercial Practices Directive, Unfair Contract Terms Directive and Price Indication Directive and is part of the New Deal for Consumers legislative agenda …” (more) [JA (Joasia) Luzak, […]

Marson, Ferris and Dickinson, ‘The Automated and Electric Vehicles Act 2018 Part 1 and Beyond: A Critical Review’

ABSTRACT On 19 July 2018, the Automated and Electric Vehicles Act 2018 (AEVA) received Royal Assent. As motor vehicles are becoming increasingly technologically based, with driving aids having taken over many of the more mundane (and possibly dangerous) aspects of driving from the driver, it is imperative that legislation keeps pace to determine the responsibilities […]

Gerhard Wagner, ‘Robot, Inc: Personhood for Autonomous Systems?’

ABSTRACT Since the invention of the steam engine, technological progress has served as a driver of innovation for liability systems. Pertinent examples include the arrival of the railway and the introduction of motor-powered vehicles. Today, the digital revolution challenges established legal axioms more fundamentally than technological innovations from earlier times. The development of robots and […]

Bryan Choi, ‘Software As a Profession’

ABSTRACT When software kills, what is the legal responsibility of the software engineer? Discussions of software liability have avoided assessing the duties of ‘reasonable care’ of those who write software for a living. Instead, courts and legal commentators have sought out other workarounds – like immunity, strict liability, or cyber insurance – that avoid the […]

Anita Bernstein, ‘The Reciprocal of MacPherson v Buick Motor Company

ABSTRACT MacPherson v Buick Motor Company won fame for taking down a privity barrier that stood between consumers and manufacturers of products that cause injury. Privity had offered liability-shelter to remote vendors; MacPherson destroyed that shelter when it held that nonprivy vendees have an entitlement to care and vigilance. In this relation of mutually constituted […]

‘Autonomous Vehicles, Software and Product Liability: Have the Law Commissions Missed an Opportunity?’

“Whether the Consumer Protection Act 1987 (CPA) applies to software is a topic of considerable uncertainty. Since the 1980s practitioners and scholars have debated whether the European product liability regime (Directive 85/374/EEC), which the CPA implements, applies to products with some software smarts – like that in automated industrial tools, aeroplanes and computers controlling nuclear […]

Tiffany Colt, ‘The Resurrection of The Consumer Expectations Test: A Regression in American Products Liability’

ABSTRACT Thirty-five of the forty-six states that acknowledge strict products liability utilize some form of risk-utility analyses to determine whether a product is defectively designed. In two recent court decisions, the supreme courts of Florida and Nevada departed from this majority trend for design defect analyses in product liability. In Aubin v Union Carbide Corp […]