Category Archives: Products liability

Gerhard Wagner, ‘Liability for Artificial Intelligence: A Proposal of the European Parliament’

ABSTRACT Digital autonomous systems are characterized by their ability to make their ‘own’ decisions, ie decisions that are not fully determined by the software that animates them. As such, they pose a challenge to existing liability systems and to the general law of delict or torts. At the European level, the European Parliament took the […]

Janger and Twerski, ‘Warranty, Product Liability and Transaction Structure: The Problem of Amazon’

ABSTRACT Amazon, and other internet sales platforms, have revolutionized the manner in which goods are purchased and sold. The obligations undertaken by Amazon in those sales are unclear, both as a matter of transparency, and as a matter of legal doctrine. Is Amazon a store? Is it a shipper? Is it a telephone? In various […]

‘Texas Supreme Court holds that Amazon can not be held liable for injuries caused by products sold by others through Amazon’

“Back in May I reported that a California Appellate Court held that Amazon can be liable in products liability for products sold by other vendors through Amazon. As this happened, the exact same issue was certified to the Texas Supreme Court, and now we have a ruling. In direct contrast with the California Appellate Court, […]

Marson and Ferris, ‘The Lexicon of Self-Driving Vehicles and the Fuliginous Obscurity of “Autonomous” Vehicles’

ABSTRACT Self-driving cars, also referred to as connected and autonomous vehicles, are not only in vogue among technology and car enthusiasts (among others) but they have been broadly considered to form a new and disruptive means of transport. The benefits of self-driving cars are replete with stories of inclusivity, safety, environmental benefits, and social connectivity. […]

‘No strict liability for injuries resulting from published wrong health advice – CJEU in Krone (C-65/20)’

“In our previous post we have commented on the opinion of AG Hogan in the case Krone (C-65/20). The case concerned an incorrect health advice having been published in a newspaper, which led to a consumer’s injury. The national court asked the CJEU whether Product Liability Directive was applicable in this case. CJEU confirms on […]

Shelly Kreiczer-Levy, ‘The Duties of Online Marketplaces’

ABSTRACT Is Amazon a seller for the purpose of product liability law? Is it obligated to stop price gouging by its sellers in the midst of the Covid-19 pandemic? Is Airbnb responsible for discrimination practiced by its users? These legal issues are discussed separately, and courts are typically divided into two camps. Some courts force […]

Mihailis Diamantis, ‘Vicarious Liability for AI’

ABSTRACT When an algorithm harms someone – say by discriminating against her, exposing her personal data, or buying her stock using inside information – who should pay? If that harm is criminal, who deserves punishment? In ordinary cases, when A harms B, the first step in the liability analysis turns on what sort of thing […]

‘The Dangers of Driverless Cars’

“The concept of driverless cars is here to stay. America is competing in a global race to make driverless cars the norm, and as predicted, nearly all major car manufactures currently offer vehicles with varying levels of autonomy. Today, more people seem to want driverless cars, there is currently little legislation controlling the industry, and […]

‘Does A Claim For A Defective Product Fall Within The Definition Of Public Liability Claims? A Judgment At First Instance’

“I am grateful to solicitor Gareth Edwards from Mooneerams, solicitors, for providing me a copy of the judgment of District Judge Vernon, sitting at Cardiff 17th March 2021, in the case of X (a Minor) v MPL Home & Senza Group Ltd. The judge considered the question of whether a defective product fell within the […]

Gary Klein, ‘In the Hands of the Maker: The Failure of Consumer Product Safety Oversight of Guns’

ABSTRACT Like automobiles, toasters and other consumer products, guns can sometimes have design or manufacturing flaws that lead to serious accidents. Gun accidents caused by gun defects can harm not just the users of the product, but others who happen to be in the wrong place at the wrong time. This article will examine the […]