Category Archives: Products liability

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, […]

Robert Sprague, ‘It’s a Jungle Out There: Public Policy Considerations Arising from a Liability-Free Amazon.com’

ABSTRACT Through its website, Amazon.com retails its own products as well as those of nearly three million third-party vendors through the Amazon Marketplace. With few exceptions, courts have concluded Amazon.com should not be considered a ‘seller’ for purposes of strict products liability for products sold through its online Marketplace. In many cases, this leaves consumers […]

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

ABSTRACT To date, no legal system classifies robots or other autonomous systems as legal subjects, instead leaving them to share the classification of other artifacts: objects. This article examines whether the law should change and recognize robots and software agents as ‘ePersons’, capable of attracting and absorbing tort liability. It develops the concept of ‘liability […]

Just Published: Goldberg and Zipursky, Recognizing Wrongs

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is ‘Robin Hood’ law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims […]

Mika Sharpe, ‘Products Liability in the Digital Age: Liability of Commercial Sellers of CAD Files for Injuries Committed with a 3D-Printed Gun’

ABSTRACT The invention of new technologies, and specifically 3D printing, is quickly changing how we shop, eat, and live. For example, current technology already allows consumers to print a pair of shoes from the comfort of their living rooms instead of going to the mall, and parents can 3D-print custom-shaped chicken nuggets as an afternoon […]

Rebecca Sachs, ‘“Fake” Makeup Isn’t So Pretty: Revising the Vicarious Liability Standard for Consumers Injured by Counterfeit Cosmetics’

ABSTRACT While counterfeiting is a widespread issue that affects countless industries, counterfeit cosmetics occupy a uniquely dangerous segment of the overall counterfeit market. The ease of access, the popularity of luxury brands, and the numerous health and safety risks pose a risk to consumers that is distinct from other kinds of counterfeit products. Despite these […]

Friehe, Rößler and Dong, ‘Liability for Third-Party Harm When Harm-Inflicting Consumers Are Present Biased’

ABSTRACT This article analyzes the workings of liability when harm-inflicting consumers are present biased and both product safety and consumer care influence expected harm. We show that present bias introduces a rationale for shifting some losses onto the manufacturer, in stark contrast with the baseline scenario in which strict consumer liability induces socially optimal product […]

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 […]