Category Archives: Products liability

‘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 […]

Lauren Sterrett, ‘Product Liability: Advancements in European Union Product Liability Law and a Comparison between the EU and US Regime’

Abstract: In recent years, the product safety regime in the European Union (‘EU’) has been amended to provide increased stability for producers and more protection for consumers. The framework seeks to balance the interest of consumers in having access to safe products with the interest of producers in avoiding costly litigation due to differing national […]

‘Sweeping Connecticut Supreme Court Decision Refines Existing Tort Law’

“In arguably the most important Connecticut tort-law decision in decades, the Connecticut Supreme Court in Bifolck v Philip Morris, Inc, — A.3d —, 2016 WL 7509118 (Conn Dec 29, 2016), declined to adopt the approach of the Restatement (Third) to product liability design-defect claims and ‘reaffirm[ed] its allegiance’ to a ‘true strict liability’ standard under […]

Gregory Keating, ‘Products Liability as Enterprise Liability’

Abstract: The prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than a generation ago. George Priest argued that modern American products liability law was born as enterprise liability incarnate and consequently ran amok in a nightmare of unlimited liability. Gary Schwartz countered that product […]

Reed, Kennedy and Silva, ‘Responsibility, Autonomy and Accountability: Legal Liability for Machine Learning’

Abstract: This paper investigates the question of legal liability for the consequences of decisions made by machine learning technology rather than by humans, although we do not attempt a detailed analysis of the basis on which such liability might be imposed. This is a substantial task which would require far more space than is available […]

Luigi Franzoni, ‘Correlated Accidents’

Abstract: This paper investigates cases in which harms are statistically correlated. When parties are risk averse, correlation plays an important role in the choice between liability rules. Specifically, positively correlated harms favor a liability rule that spreads the risk over a multitude of parties, as in the negligence rule. Negatively correlated harms favor a liability […]