Category Archives: Products liability

‘The Dangers of Driverless Cars’

“The concept of driverless cars is here to stay. America is competing in a global race to make driverless cars the norm, and as predicted, nearly all major car manufactures currently offer vehicles with varying levels of autonomy. Today, more people seem to want driverless cars, there is currently little legislation controlling the industry, and […]

‘Does A Claim For A Defective Product Fall Within The Definition Of Public Liability Claims? A Judgment At First Instance’

“I am grateful to solicitor Gareth Edwards from Mooneerams, solicitors, for providing me a copy of the judgment of District Judge Vernon, sitting at Cardiff 17th March 2021, in the case of X (a Minor) v MPL Home & Senza Group Ltd. The judge considered the question of whether a defective product fell within the […]

Gary Klein, ‘In the Hands of the Maker: The Failure of Consumer Product Safety Oversight of Guns’

ABSTRACT Like automobiles, toasters and other consumer products, guns can sometimes have design or manufacturing flaws that lead to serious accidents. Gun accidents caused by gun defects can harm not just the users of the product, but others who happen to be in the wrong place at the wrong time. This article will examine the […]

Ronen Perry, ‘The Unidentified Wrongdoer’

ABSTRACT The Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for […]

Buiten, de Streel and Peitz, ‘EU Liability Rules for the Age of Artificial Intelligence’

ABSTRACT When Artificial Intelligence (AI) systems possess the characteristics of unpredictability and autonomy, they present challenges for the existing liability framework. Two questions about the liability of AI deserve attention from policymakers: 1) Do existing civil liability rules adequately cover risks arising in the context of AI systems? 2) How would modified liability rules for […]

‘Amazon as a Seller of Marketplace Goods’

“Last fall, a student in my Sales class sent me the following email, ‘I hope you are having a wonderful weekend. I came across this article this morning and found it pretty interesting. I thought you may find it interesting as well’. The article dealt with Amazon’s liability for defective goods sold on its website. […]

Schwartz and Appel, ‘Where’s the Beef?: A Guide to Judges on Preemption of State Tort Litigation Involving Branded Drugs’

“… This Article examines the Court’s decision in Albrecht and new issues expected to arise as lower courts interpret it. The Article’s goal is to assist judges and others as to whether a branded drug manufacturer has made a sufficient showing, for preemption purposes, that the FDA’s action or inaction provides clear evidence that the […]

Matthew Wansley, ‘The End of Accidents’

ABSTRACT In the next decade, humans will increasingly share the roads with autonomous vehicles (AVs). The deployment of AVs has the potential to dramatically reduce the frequency and severity of motor vehicle crashes. Existing liability rules give companies developing AVs insufficient incentives to develop that potential. Data from real-world autonomous driving indicates that today’s most […]

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 […]