Category Archives: Products liability

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 […]

Pelçim Kaygusuz, ‘Smart Wearables: About the Liability Question for Smart Wearables for Health Purposes’

ABSTRACT This research aims to explore the challenges that rise when smart wearables equipped with AI cause damage. We welcome technologies into our lives and homes while it is unclear if we are sufficiently protected for damages. It is important that consumers are protected against possible malfunctions and the consequences of the malfunctions. Smart wearables […]

Martin Ebers, ‘Legal Tech and EU Consumer Law’

ABSTRACT Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The use of these tools in business-to-consumer (B2C) markets create many opportunities for consumers and the justice system in general, but also raises concerns in terms of access to justice, choice and information, quality, fairness, redress and representation. This paper deals […]

Nathan Schachtman, ‘Products Liability Law – Lessons from the Military and Industrial Contexts’

ABSTRACT The policy bases for American products liability law have developed largely through a series of state court cases that involved products sold to ordinary consumers. These cases featured significant disparities between manufacturers and injured consumers in understanding latent risks from product use, and in their ability to avoid the risks and to absorb and […]

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 […]