Category Archives: Products liability

‘Ius Commune Conference 2017: Workshop on Liability and Insurance’

“The annual Ius Commune Conference was held this year in Utrecht on 23-24 November 2017 and comprised various workshops, one of which was on the subject of ‘Liability and Insurance’. The theme of this workshop was ‘The legal battle against lawful products or services that are potentially threatening to human health’. The workshop was chaired […]

Stewart and Mootz, ‘Insuring the Product Liability Risks of Cannabis’

Abstract Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle accidents and consumption-related injuries. The potential for an increase in the number and value of cannabis-related product liability claims and […]

Terwindt, Leader, Yilmaz-Vastardis and Wright, ‘Supply Chain Liability: Pushing the Boundaries of the Common Law?’

Abstract On 29 August 2016, in a claim by Pakistani survivors and legal heirs against German retailer KiK for injuries and deaths during a fire at a factory supplying jeans in Karachi, German judges accepted jurisdiction and granted legal aid to the Pakistani claimants to cover the legal fees. The case pending before the German […]

Feldthusen, Green, Goldberg and Sharkey, ‘Product Liability in North America’

Abstract This book chapter provides an overview of the rules governing liability for product-related injuries in the US and Canada, as well as the context in which those rules operate. Included are discussions of the rationales for, and the development of, the US doctrine of strict products liability, and the application of strict products liability […]

Fairgrieve and Pilgerstorfer, ‘European Product Liability after Boston Scientific: An Assessment of the Court’s Judgment on Defect, Damage and Causation’

Abstract In this article, the authors explore the recent decision of the European Court of Justice in Boston Scientific and its impact on the sphere of product liability. The Court’s approach to determining whether a product is defective is examined, in particular the notion, adopted by the court, of defect as an ‘abnormal potential for […]

Smillie, Eccleston-Turner and Cooper, ‘C-621/15 – W And Others v Sanofi Pasteur: An Example of Judicial Distortion and Indifference to Science’

Abstract This case commentary examines the CJEU’s recent decision in C-621/15 W and Others v Sanofi Pasteur MSD SNC [2017] ECR I. This commentary critically examines the decision through the lens of the cultural conflict between law and science. We argue that the CJEU’s decision reflects both a distortion of scientific knowledge and an improper […]

David Berke, ‘Products Liability in the Sharing Economy’

Abstract: This Note undertakes an in-depth review of an important legal problem that has not yet been addressed – the role of products liability in the sharing economy. To date, two foundational questions have not been posed in the sharing economy literature, much less answered. First, what descriptive role, if any, does products liability have […]

Jacob Eisler, ‘One Step Forward and Two Steps Back in Product Liability: The Search for Clarity in the Identification of Defects’

Abstract: Product liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (‘CPA’). In Wilkes v Depuy International Ltd [2016] EWHC 3096 (QB), Hickinbottom J offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected […]

Florian Baumann, ‘Product Liability in Markets for Vertically Differentiated Products’

Abstract: This article shows that shifting losses from consumers with heterogeneous harm levels to vertically differentiated duopolists increases product safety levels, while narrowing the degree of product differentiation. Our setup features observable (but possibly nonverifiable) product safety levels and firms subject to strict liability according to a parametric liability specification. Firms’ expected liability payments depend […]

Gregory Keating, ‘Products Liability As Enterprise Liability’

Abstract: In the American legal academy, the prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than thirty years ago. George Priest’s brilliant 1985 paper The Invention of Enterprise Liability, asserted that modern American products liability law in its formative moment was enterprise liability incarnate, […]