Category Archives: Products liability

Rössler and Friehe, ‘Liability, morality, and image concerns in product accidents with third parties’

ABSTRACT This paper explores how consumers’ moral and image concerns influence the equilibrium in a product-accident model in which third parties incur harm. We differentiate results according to whether the product is supplied by a monopolistic firm or competitive ones. Assuming incomplete compensation of third parties, we find that both moral and image concerns of […]

Fairgrieve, Feldschreiber, Howells and Pilgerstorfer, ‘Products in a Pandemic: Liability for Medical Products and the Fight against COVID-19’

ABSTRACT A multitude of medical products are being developed and produced as part of efforts to tackle COVID-19. They are varied in nature and range from test kits to tracing apps, protective equipment, ventilators, medicines and, of course, vaccines. The design, testing and manufacture of many of these products differs from production in normal times […]

Eleanor Russell, ‘A Scottish first: hip replacement product ruled not to be “defective”’

ABSTRACT The author discusses the recent decision in Hastings v Finsbury Orthopaedics Ltd. Hastings is a landmark decision in that it is the first Scottish case in which a proof has been heard in an action arising under the Consumer Protection Act 1987 in respect of an alleged defect in a hip replacement product. € […]

Simard, Robertson and Rhodes, ‘Ford’s Hidden Fairness Defect’

“A consumer saves up to buy a used car. Unbeknownst to him, the vehicle has a design defect – and in a crash, the airbag fails to deploy, leaving his passenger severely injured. Under state law, the injured party has a right to sue the vehicle manufacturer: but where? The obvious forum is the plaintiff’s […]

Tiago Sérgio Cabral, ‘Liability and artificial intelligence in the EU: Assessing the adequacy of the current Product Liability Directive’

ABSTRACT The European Union selected achieving a leadership position in the AI sector as one of the priorities for the future of the bloc as a whole. Economic reasons are behind this decision, but they are not the exclusive motive behind this objective. Undeniably, AI will have an enormous impact on world’s economy and if […]

David Simon, ‘Trademark Law and Consumer Safety’

ABSTRACT Trademark law protects consumers and mark owners against economic harm. When consumers are confused about the source of a good or service, this increases consumer search costs or imposes reputational costs on trademark owners. But what happens when a pharmacist, confused by two similar drug names, accidentally prescribes estrogen instead of an antidepressant? Trademark […]

Mark Geistfeld, ‘Principles of Product Liability, Third Edition: “Introduction” and “Strict Products Liability 2.0″’

ABSTRACT Two chapters from the third edition of Principles of Products Liability (Foundation Press 2020), a state-of-the-art study of products liability. The book shows how ancient laws have evolved into liability rules capable of solving the safety questions raised by new or emerging technologies, ranging from autonomous vehicles to the Amazon online marketplace. Identifying a […]

Borghetti, Fairgrieve and Rott, ‘Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems’

ABSTRACT Compensation for damage caused to patients by vaccination is an increasingly prominent issue given the important public health consideration of ensuring the highest possible take-up of vaccination. This study explores the approach to vaccine damage cases in four different European countries (France, Germany, Italy and the UK), examining the variety of different mechanisms for […]

‘David Simon: Trademark Law and Consumer Safety

“I was happy to read David Simon’s new article, ‘Trademark Law and Consumer Safety’, forthcoming in the Florida Law Review. Simon argues trademark law should pay more attention to the physical harms that products pose for consumers, rather than just economic harms. The conventional view is that trademark law exists to prevent consumer confusion and […]

Ioan-Radu Motoarcă, ‘A market-based approach to internet intermediary strict products liability’

ABSTRACT This essay proposes a way of dealing with the strict liability of Internet sellers of other manufacturers’ products, such as Amazon under its ‘Fulfillment by Amazon’ program. I discuss and reject two approaches to the problem that have been proposed by the courts, and advance a view according to which the relevant inquiry is […]