Category Archives: Products liability

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, […]

‘Facilitating Sustainable Consumption through Private Law – call for papers’

“Dr Joasia Luzak (University of Exeter) and Prof Marco Loos (University of Amsterdam) are guest editors of a special issue of an open access journal Laws (by MDPI). They are inviting authors to send in their papers on the topic: ‘Facilitating Sustainable Consumption through Private Law’. The deadline for submission of interest/ abstracts is June […]

Christian Twigg-Flesner, ‘Guiding Principles for Updating the Product Liability Directive for the Digital Age’

ABSTRACT An ELI Innovation Paper seeks to set out concrete propositions for European Legal Development in a short paper, which is more tentative in nature and which does not represent the result of comprehensive research; rather, it seeks to spark discussion and to inspire further action. In this spirit, this Pilot Innovation Paper proposes a […]

Samantha Levin, ‘Online Marketplaces’ Responsibility for Harm from Counterfeit Cosmetics’

ABSTRACT Products liability law was implemented to protect consumers injured by harmful products. But what happens when victims cannot contact the companies that created or supplied the product that injured them? Such is the case when consumers are injured by counterfeit products purchased through online third-party marketplaces. Consumers are unable to contact the manufacturers who […]

Michael Chatzipanagiotis, ‘Product Liability Directive and Software Updates of Automated Vehicles’

ABSTRACT The EU Product Liability Directive (Directive 85/374/EEC – PLD) provides for strict liability of producers for defective products. This paper examines its applicability de lege lata and de lege ferenda to software updates of automated vehicles. It is concluded that to regard software updates as ‘products’ under the PLD entails many legal and practical […]

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 […]