Category Archives: Products liability

Bruce Feldthusen, ‘16888782 Ontario Inc v Maple Leaf Foods Inc: The Secret Death of Winnipeg Condominium’

ABSTRACT In 16888782 Ontario Inc v Maple Leaf Foods Inc the SCC changed the law governing recovery for pure economic loss caused by defective products or structures. It appears to 1) require the violation of the plaintiff’s recognized right to personal security or property and 2) even in the case of a violation of a […]

Steven Van Uytsel, ‘Different Liability Regimes for Autonomous Vehicles: One Preferable Above the Other?’

ABSTRACT Autonomous vehicles are said to bring safety to the roads. Machines are expected not to make the same driving mistakes as humans. Indeed, machines will not drive intoxicated or get too tired to drive. However, the application of adversarial machine learning to autonomous vehicles has shown that the reaction of these vehicles to altered […]

David Judd, ‘Disentangling DeVries: A Manufacturer’s Duty to Warn against the Dangers of Third-Party Products’

INTRODUCTION … Part I of this Comment will discuss the general duty to warn in products liability cases, presenting the duty’s history and development over the years. Part I will continue to introduce some of the different factual contexts in which the question arises of whether the scope of a manufacturer’s duty to warn encompasses […]

Baumann and Rasch, ‘Product Liability and Reasonable Product Use’

ABSTRACT We analyze a monopolist who offers different variants of a possibly dangerous product to heterogeneous customers. Product variants are distinguished by different safety attributes. Customers choose product usage which co-determines expected harm. We find that, even with customers being perfectly informed about product variants’ safety, product liability can further welfare by limiting the firm’s […]

‘Civil Justice Fest: A Month of Dialogues On the Most Pressing Civil Justice Issues’

“George Mason Scalia Law School’s Law & Economics Center (LEC), led by Donald Kochan, just hosted (virtually) ‘Civil Justice Fest’. A number of topics are likely of interest to readers of the blog, and I provide links below …” (more) [Christopher J Robinette, TortsProf Blog, 30 November]

‘What Practitioners Can Teach Academics about Tort Litigation’: symposium in Journal of Tort Law

Expert Testimony Needs Judges to Act as ‘Gatekeepers’: The Maryland Court of Appeals Teaches Why (Victor E Schwartz) Shifting the Burden of Proof on Causation: The One Who Creates Uncertainty Should Bear Its Burden (Sara M Peters) Defending Government Tort Litigation: Considerations for Scholars (Paul Figley) What Practitioners can Teach Academics About Tort Litigation – […]

‘The vaccine will be safe, but this legal contingency plan is necessary nonetheless’

“The development of what appear to be three effective vaccines against Covid-19 is excellent news. But every silver lining has a cloud, and there is no news so good that it does not cause lawyers to ask themselves about what happens if things go wrong. Vaccines are overwhelmingly safe. And before any vaccine is released […]

Catherine Sharkey, ‘Holding Amazon Liable As a Seller of Defective Goods: A Convergence of Cultural and Economic Perspectives’

ABSTRACT Amazon’s e-commerce business, which offers a platform for third-party vendors, defies conventional categorization for products liability purposes. Professor Marshall Shapo’s conception of ‘tort law as a cultural mirror’ sheds light on how products liability law has evolved so as to hold Amazon liable even as the seismic shift away from brick-and-mortar physical stores to […]

Margaret Williams, ‘An Empirical Evaluation of Proposed Civil Rules for Multidistrict Litigation’

ABSTRACT Recently the Civil Rules Committee of the Judicial Conference of the United States began considering the need for specific rules related to multidistrict litigation (MDL) proceedings. The possibility of creating rules specifically for MDL has its origins in recent proposed legislation prompted by groups typically tied to the defense bar. One area under consideration […]

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 […]