Category Archives: Products liability

‘New Judgment: Hastings v Finsbury Orthopaedics Ltd and another (Scotland) [2022] UKSC 19′

“This appeal is unusual in that the legal issues concerning the application of the CPA are largely agreed. The basic principles may be summarised as follows. The CPA (and the EU directive which it implemented) have introduced a system of no-fault liability in respect of defective products. The test of whether a product is defective […]

Fraser, Snoswell and Simcock, ‘AI Opacity and Explainability in Tort Litigation’

ABSTRACT A spate of recent accidents and a lawsuit involving Tesla’s ‘selfdriving’ cars highlights the growing need for meaningful accountability when harms are caused by AI systems. Tort (or civil liability) lawsuits are one important way for victims to redress such harms. The prospect of tort liability may also prompt AI developers to take better […]

Alexander Lemann, ‘The Duty to Warn in the Age of Automation’

ABSTRACT Autonomous vehicles are expected to drive far more safely than humans do, and yet they create novel risks of their own. This Article explores how the risks of autonomous vehicles should be communicated to those who buy and use them. In low-level automation systems, where drivers are required to monitor their cars’ driving, instructions […]

Leslie Kendrick, ‘The Perils and Promise of Public Nuisance’

ABSTRACT Public nuisance has lived many lives. A centuries-old doctrine defined as ‘an unreasonable interference with a right common to the general public’, it is currently the backbone of thousands of opioid and climate-change suits across the United States. It was a major force behind the landmark 1998 tobacco settlements and has figured in litigation […]

‘Case Preview: Hastings v Finsbury Orthopaedics Limited and Another

“The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 …” (more) [Sophie Malley, UK […]

Catherine Sharkey, ‘Products Liability in the Digital Age: Online Platforms as “Cheapest Cost Avoiders”’

ABSTRACT Products liability in the digital age entails reckoning with the transformative shift away from in-person purchases from brick-and-mortar stores toward digital purchases from e-commerce platforms. The epochal rise of the online storefront has vastly expanded the prevalence of direct-to-consumer sales, implicating a panoply of potential harms to consumers and raising the question of how […]

Rothstein and Coleman, ‘Differentiating Strict Products Liability’s Cost-Benefit Analysis From Negligence’

ABSTRACT Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the US Supreme Court denied certiorari in Johnson and Johnson v Ingham, permitting a more than two billion dollar products liability damages award to stand. In his dissenting opinion in another recent products liability case, Air and Liquid Systems Corp […]

Piotr Machnikowski, ‘Product Liability for Information products?: The CJEU Judgment in VI/KRONE – Verlag Gesellschaft mbH and Co KG, 10 June 2021 (C-65/20)’

ABSTRACT In its Krone judgment, the Court of Justice interpreted the Product Liability Directive to determine whether a copy of a newspaper containing incorrect paramedical advice constitutes a defective product within the meaning of the Directive. The negative answer given by the Court is correct, although not all the arguments in support of it are […]

Yacoub and Briggs, ‘Liability and Regulatory Oversight of Semi-Autonomous and Autonomous Vehicles’

ABSTRACT Since 2020, Tesla, Inc. became one of the most successful vehicle manufacturers in the world. What once was a dream has become a reality: vehicles autonomously driving themselves with almost no human intervention. More importantly, Tesla vehicles are fully electric – cutting back on non-renewable energy consumption. Upon their market release, Tesla vehicles have […]

Marie Boyd, ‘Preemption and Gender and Racial (In)Equity: Why State Tort Law Is Needed In The Cosmetic Context’

ABSTRACT Much of the legal scholarship on the preemption of state tort law in the food and drug context and beyond has focused on issues of federalism. While the literature has considered the relationship between state tort law and the regulatory system, it has not generally explored the impact the federal preemption of state tort […]