Category Archives: Products liability

Cemre Polat, ‘Great unclear expectations: a study on the defectiveness of autonomous systems’

ABSTRACT Once autonomous systems become more widespread, the product liability is expected to be called for help to compensate damages caused by autonomous systems. The defectiveness of autonomous systems as a condition of the product liability is difficult to assess. This difficulty becomes more evident in the case of design defects because the consumer expectations […]

Mbilike Mwafulirwa, ‘The Common Law and the Self-Driving Car’

ABSTRACT … This paper outlines an analytical blueprint based on longstanding common law rules to address this new driverless phenomenon. This paper considers the common law liability continuum starting with the person in the driver’s seat who engages the self-driving feature, to the owner who uses her self-driving car as a common carrier, to the […]

Wnukiewicz-Kozłowska and Drozdowska, ‘Causal Effect Relationship in Medical Cases. An Old Problem in a New Scenario. Commentary to CJEU Judgment (Second Chamber) of 21 June 2017, NW and Others v Sanofi Pasteur MSD and Others, Case C-621/15, EU:C:2017:484. Approbative Gloss’

ABSTRACT This commentary evaluates the problem in assessing the role of a causal connection between damage and the use of a defective medical product, specifically a vaccine. The judgment of the Court of Justice of the European Union (CJEU) in the Sanofi Pasteur Case, which allowed the possibility of recognizing damage claims, even in cases […]

Trevor Hartley, ‘Basic Principles of Jurisdiction in Private International Law: The European Union, The United States and England’

ABSTRACT This article consists of a comparative study of the basic principles underlying the rules of jurisdiction in private international law in commercial cases in the law of the European Union, the United States and England. It considers the objectives which these rules seek to achieve (protection of the rights of the parties and respect […]

Mark Geistfeld, ‘Strict Products Liability 2.0: The Triumph of Judicial Reasoning over Mainstream Tort Theory’

ABSTRACT Strict products liability has evolved in a manner that is widely misunderstood. The liability rule was first formulated to govern defective products that did not minimally perform one of their ordinary functions as expected by consumers – a malfunction that violates the implied warranty of quality. After adopting this rule, courts began applying it […]

‘Platform liability for unsafe products sold by third party sellers’

“Some of the favourite expressions of online platform providers around the world are that they ‘only offer a platform’ and are ‘in no way responsible for statements made or goods offered by third parties on their platform’. However, recent US case law held Amazon liable for physical harm caused by goods sold by a third […]

Borchers, Freer and Arthur, ‘Ford Motor Company v Montana Eighth Judicial District Court: Lots of Questions, Some Answers’

ABSTRACT In Ford Motor Company v Montana Eighth Judicial District Court, the Supreme Court handed down its seventh personal jurisdiction decision in the last ten years. Ford – involving two consolidated state-court products liability suits alleging defects in the defendants’ cars that injured forum-state residents in their home states – is the only case in […]

Kalanick, Gutierrez and Marchant, ‘AI Soft Law and the Mitigation of Product Liability Risk’

ABSTRACT Artificial intelligence systems present various types of risks, but are generally not subject to comprehensive government regulation at this time. Soft law measures such as private standards have been developed to fill this governance gap, but a major limitation of such standards is that they are not directly enforceable, and so many companies may […]

Christoph Busch, ‘Rethinking Product Liability Rules for Online Marketplaces: A Comparative Perspective’

ABSTRACT Over the past decade, the rise of online marketplaces such as has profoundly changed the retail landscape. The current pandemic has further accelerated consumers’ shift towards online buying in general and online marketplaces in particular. As a result, traditional distribution chains have been replaced by a market structure dominated by digital intermediaries. While […]

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 […]