scholarly journals Is There a Design Defect in the Restatement (Third) of Torts: Products Liability?

2000 ◽  
Vol 109 (5) ◽  
pp. 1087 ◽  
Author(s):  
George W. Conk
Keyword(s):  
Products Liability ◽  
Design Defect

Orphan Drugs: The Question of Products Liability

1985 ◽  
Vol 10 (4) ◽  
pp. 491-513
Author(s):  
Susan F. Scharf
Keyword(s):  
Drug Development ◽  
Orphan Drug ◽  
Rare Diseases ◽  
Tort Law ◽  
Orphan Drugs ◽  
Products Liability ◽  
Liability Law ◽  
Design Defect ◽  
Liability Costs ◽  
Orphan Drug Development

AbstractOrphan drugs, essential for die treatment of persons widi rare diseases, generally are unprofitable for manufacturers to develop and market. While congressional and administrative efforts to promote die development of orphan drugs have met widi modest success, application of products liability doctrine to orphan drug sponsors could subvert those efforts. This Note describes die provisions of die Orphan Drug Act and analyzes products liability law with respect to orphan drug litigation. It argues that die goals of tort law support the imposition of liability for design defect, failure to warn and negligence in testing. Finally, die Note acknowledges diat liability costs create disincentives for orphan drug development and suggests mechanisms for reducing manufacturers’ liability concerns.

scholarly journals Economic Rationality and Ethical Values in Design-Defect Analysis: The Trolley Problem and Autonomous Vehicles

2018 ◽  
Author(s):  
W. Bradley Wendel
Keyword(s):  
Moral Philosophy ◽  
Autonomous Vehicles ◽  
Ethical Issues ◽  
Thought Experiment ◽  
Autonomous Vehicle ◽  
Strict Liability ◽  
Trolley Problem ◽  
Products Liability ◽  
The Third ◽  
Design Defect

The trolley problem is a well-known thought experiment in moral philosophy, used to explore issues such as rights, deontological reasons, and intention and the doctrine of double effect. Recently it has featured prominently in popular discussions of decision making by autonomous vehicle systems. For example, a Mercedes-Benz executive stated that, if faced with the choice between running over a child that had unexpectedly darted into the road and steering suddenly, causing a rollover accident that would kill the driver, an automated Mercedes would opt to kill the child. This paper considers not the ethical issues raised by such dilemmas, but the liability of vehicle manufacturers for injuries that foreseeably result from the design of autonomous systems. Some of the recent commentary on the liability of autonomous vehicle manufacturers suggests unfamiliarity with modern products liability law, particularly the design-defect standard in the Third Restatement of Torts. A superficial understanding of products liability principles – for example, believing it is a regime of strict liability in any meaningful sense – can lead to serious errors in the application of this area of law to autonomous vehicles. It is also a mistake to believe that the economic approach to negligence liability, as developed by Posner and Calabresi, accurately characterizes modern products liability principles. Under the Third Restatement approach, a court or jury will consider whether a product embodies a reasonable balance of safety and utility, and “reasonable” can be interpreted in accordance with ordinary community ethical standards. Thus, some of the issues that are central to resolving trolley problems in moral philosophy may actually recur in design-defect litigation.

scholarly journals The Quiet Revolution in Products Liability

1991 ◽  
Vol 20 (3) ◽  
pp. 188-203 ◽  
Author(s):  
James A. Henderson ◽  
Theodore Eisenberg
Keyword(s):  
Products Liability ◽  
Quiet Revolution

Products liability with temptation bias

2021 ◽  
Vol 186 ◽  
pp. 76-93
Author(s):  
Tsvetan Tsvetanov ◽  
Thomas J. Miceli ◽  
Kathleen Segerson
Keyword(s):  
Products Liability

Products Liability Law – Lessons from the Military and Industrial Contexts

2020 ◽  
Vol 13 (2) ◽  
pp. 303-322
Author(s):  
Nathan A. Schachtman
Keyword(s):  
Common Law ◽  
Consumer Products ◽  
State Court ◽  
Court Cases ◽  
Industrial Products ◽  
Products Liability ◽  
Product Use ◽  
Liability Law ◽  
Industrial Settings ◽  
The Military

AbstractThe 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 to distribute the costs of the risks. The policy bases that appear cogent for consumer products fail to explain or justify the imposition of liability in many industrial settings, which involve military or industrial customers that are well aware of the products’ latent risks and that have moral, common law, statutory, and regulatory duties to ensure that the industrial products are used safely.

Choice of Law in Products Liability

1972 ◽  
Vol 60 (1) ◽  
pp. 1
Author(s):  
Gunther Kühne ◽  
Gunther Kuhne
Keyword(s):  
Products Liability ◽  
Choice Of Law
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