Category Archives: Products liability

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 […]

Sean Bender, ‘Product Liability’s Amazon Problem’

ABSTRACT Throughout its rise from startup bookseller to the world’s most valuable company, Amazon has managed to disrupt nearly every aspect of the twentieth-century retail model. Its website now accounts for over half of all online shopping in the United States, acting as a literal ‘Everything Store’ for millions of customers who browse its virtual […]

Paras Sharma, ‘Economic Analysis of Tort Liability’

ABSTRACT Tort law has been one of the first fields of law to be analyzed from an economic point of view. Tort law is majorly concerned with accidental injuries. Its purposes are twofold, viz, to compensate the victims and to deter unreasonably dangerous behavior. The economic theory of tort law emphasizes on the deterrence aspect […]

‘Tort Rules Versus Tort Practice: The Products Liability Controversy That Wasn’t’

Aaron D Twerski, An Essay on the Quieting of Products Liability Law, 105 Cornell Law Review 101 (forthcoming, 2020), available at SSRN. Over and over, legal scholars have revealed situations in which different legal rules do not produce the different legal outcomes they portend. When states limit juries’ power to award punitive damages, juries instead […]

Aaron Twerski, ‘An Essay on the Quieting of Products Liability Law’

ABSTRACT For several decades, courts and commentators have disagreed as to whether the standard for liability in product design defect cases should be based on risk-utility tradeoffs or disappointed consumer expectations. Although a strong majority opt for risk-utility a significant minority of courts adopt the consumer expectations test. This Essay contends that as a practical […]

Diana Sclar, ‘Choice of Law and the Preponderantly Multistate Rule: The Example of Successor Corporation Products Liability’

ABSTRACT Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, […]

Castellano, Tohmé and Chisari, ‘Product liability under ambiguity’

ABSTRACT The introduction of new varieties of goods increases welfare under certainty and perfect competition. However, when the quality of new goods is uncertain, the need for a regulatory regime on liabilities and hazards arises. We examine the optimality of the regulatory mechanisms of quality under ambiguity (non-uniqueness of the probability distribution). We develop a […]