Category Archives: Products liability

Ronen Perry, ‘The Unidentified Wrongdoer’

ABSTRACT The Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for […]

Buiten, de Streel and Peitz, ‘EU Liability Rules for the Age of Artificial Intelligence’

ABSTRACT When Artificial Intelligence (AI) systems possess the characteristics of unpredictability and autonomy, they present challenges for the existing liability framework. Two questions about the liability of AI deserve attention from policymakers: 1) Do existing civil liability rules adequately cover risks arising in the context of AI systems? 2) How would modified liability rules for […]

‘Amazon as a Seller of Marketplace Goods’

“Last fall, a student in my Sales class sent me the following email, ‘I hope you are having a wonderful weekend. I came across this article this morning and found it pretty interesting. I thought you may find it interesting as well’. The article dealt with Amazon’s liability for defective goods sold on its website. […]

Schwartz and Appel, ‘Where’s the Beef?: A Guide to Judges on Preemption of State Tort Litigation Involving Branded Drugs’

“… This Article examines the Court’s decision in Albrecht and new issues expected to arise as lower courts interpret it. The Article’s goal is to assist judges and others as to whether a branded drug manufacturer has made a sufficient showing, for preemption purposes, that the FDA’s action or inaction provides clear evidence that the […]

Matthew Wansley, ‘The End of Accidents’

ABSTRACT In the next decade, humans will increasingly share the roads with autonomous vehicles (AVs). The deployment of AVs has the potential to dramatically reduce the frequency and severity of motor vehicle crashes. Existing liability rules give companies developing AVs insufficient incentives to develop that potential. Data from real-world autonomous driving indicates that today’s most […]

Silva, Fairgrieve, Machnikowski, Borghetti, Keirse, García, Rajneri, Schmon, Ulbeck, Vallone and Zech, ‘Relevance of Risk-benefit for Assessing Defectiveness of a Product: A Comparative Study of Thirteen European Legal Systems’

ABSTRACT Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a product’s defectiveness. This central notion of the Directive has however long been the source of debate regarding the extent to which it is grounded in a solely safety-based approach, or whether a risk-benefit approach may be admitted. The defectiveness […]

Stevenson and Shorter, ‘Revisiting Gun Control and Tort Liability’

ABSTRACT Gun violence has long been an intractable policy problem in the United States, pitting gun rights advocates against public health experts against a backdrop of modern Second Amendment jurisprudence. The Supreme Court’s 2008 decision in Heller had the long-term effect of freezing federal firearm statutes in place, even as the number of guns in […]

‘Amazon to court: We’re not liable for defective products’

“Amazon argued yesterday before the Texas Supreme Court that it should not be held liable for defective products sold through its site. Over the years, several customers have been injured by defective products they purchased on the site from third-party sellers, including one woman whose eye was blinded by a defective dog leash and another […]

Goldberg and Zipursky, ‘Opioid Litigation and the Law of Public Nuisance: A Preliminary Assessment’

ABSTRACT In recent years, states and cities have filed civil actions against manufacturers and distributors of prescription opioid medications seeking, among other things, reimbursement for the cost of treating individuals who suffer from addiction, overdoses, and related illnesses. In many respects, these suits have followed the pattern set by suits against tobacco companies, as well […]

Rachlinski and Wistrich, ‘Judging Autonomous Vehicles’

ABSTRACT The introduction of any new technologies challenges judges to determine how it into existing liability schemes. If judges choose poorly, they can unleash novel injuries on society without redress or stifle progress by overburdening a technological breakthrough. The emergence of self-driving, or autonomous, vehicles will present an enormous challenge of this sort to judges, […]