Category Archives: Products liability

Benjamin Dean, ‘An Exploration of Strict Products Liability and the Internet of Things’

Abstract Internet connectivity, software, and autonomous capabilities are increasingly integrated into all manner of devices and objects, creating the so-called Internet of Things (IoT). Historically, products with these digital components and capabilities have not had sufficient security measures incorporated into their design. In the past, strict products liability has not tended to apply to the […]

Hubbard and Sobocinski, ‘Crashworthiness: The Collision of Sellers’ Responsibility For Product Safety with Comparative Fault’

Abstract Crashworthiness cases often involve the following issue: Should any wrongdoing by the plaintiff in causing the initial collision reduce or bar the plaintiff’s recovery for defective crashworthiness? Jurisdictions disagree on the answer to this issue. This disagreement results in large part from differing positions on two questions. First, should products liability law use duty […]

Amar Kumar Moolayil, ‘The Modern Trolley Problem: Ethical and Economically-Sound Liability Schemes for Autonomous Vehicles’

Abstract The paper synthesizes modern scholarship in the fields of Artificial Intelligence law, Ethics, Corporate Liability, and Economics to develop potential liability schemes that the automotive and insurance industries may impose when autonomous vehicles eventually come to dominate the roadways. By addressing the issues of whom the autonomous vehicle’s AI protects and who bears liability […]

John Campbell, ‘Budding Torts: Forecasting Emerging Tort Liability in the Cannabis Industry’

Abstract The marijuana industry is booming. It is expanding into new states while it grows beyond the medical marijuana market into the recreational world. What was once illicit profit is quickly becoming on-the-books gains. As the industry matures, billions will be made, and companies once viewed suspiciously will become market giants. But this growth will […]

Mary Holland, ‘Liability for Vaccine Injury: The United States, the European Union, and the Developing World’

Introduction … This Article looks at current models for vaccine injury liability in the United States and the European Union, and also focuses on possibilities for the developing world in the future. In the United States, vaccine manufacturers have attained an extremely high level of liability protection through legislation and judicial interpretation. The 1986 National […]

Abraham and Rabin, ‘Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era’

Abstract The United States is on the verge of a new era in transportation, requiring a new legal regime. Over the coming decades, there will be a revolution in driving, as manually-driven cars are replaced by automated vehicles. There will then be a radically new world of auto accidents: most accidents will be caused by […]

Bradley Wendel, ‘Economic Rationality and Ethical Values in Design-Defect Analysis: The Trolley Problem and Autonomous Vehicles’

Abstract The trolley problem is a well-known thought experiment in moral philosophy, used to explore issues such as rights, deontological reasons, and intention and the doctrine of double effect. Recently it has featured prominently in popular discussions of decision making by autonomous vehicle systems. For example, a Mercedes-Benz executive stated that, if faced with the […]

Antonio Davola, ‘A Model for Tort Liability in a World of Driverless Cars: Establishing a Framework for the Upcoming Technology’

Abstract The development of driving support and cruise assist systems in the automotive industry has been astonishing, accelerating dramatically in the last ten years: since the first DARPA Urban Challenge field tests have multiplied in the US – in California alone, there are currently 39 companies testing self-driving cars – and the once remote prospect […]

‘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 […]