Some aspects of product pharmaceutical product liability in the United States of America1

2018 ◽  
Vol 20 (1-4) ◽  
pp. 41-58
Author(s):  
Marshall S. Shapo
Keyword(s):  
United States ◽  
Product Liability ◽  
The United States ◽  
Pharmaceutical Product

scholarly journals A Primer on the LAW in the United States: Part III Scope of Liability in Product Liability Cases

2012 ◽  
Vol 2 (4) ◽  
pp. 1 ◽  
Author(s):  
Jr. Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Market Share ◽  
Common Law ◽  
Product Liability ◽  
The United States ◽  
Products Liability ◽  
Liability Law ◽  
Commercial Code ◽  
The Law ◽  
Used Goods

In Part III of our study, the authors describe the types of transactions that are most common in products liability cases and also delineate the parties to the transaction.  This article concludes by discussing some “special topics” in modern product liability law: enterprise liability, alternative liability, and market share liability.  The article relies on references to the Uniform Commercial Code, the Restatement of the Law of Torts, and cites the major common law cases that have impacted on these important issues. Key Words:  Products Liability; Bailments; Franchising; Used Goods; Enterprise Liability; Market Share; Alternative Liability

scholarly journals Product Liability Law: From Theory to Prative in Vietnam

2020 ◽  
Vol 36 (3) ◽  
Author(s):  
Nguyen Thi Que Anh ◽  
Bich Thao Nguyen
Keyword(s):  
United States ◽  
European Union ◽  
Theoretical Foundation ◽  
Product Liability ◽  
Modern Society ◽  
The United States ◽  
Application Of Law ◽  
Liability Law ◽  
Consumer Rights ◽  
The World

Product liability law plays an important role in protecting consumers in the modern society. This article analyzes the development of product liability law in the world, presents the concept and characteristics of product liability, examines product liability law in the United States and European Union, and compares with Vietnamese law on protection of consumer rights. The article also surveys some cases decided by Vietnamese courts in which consumers claimed damages for companies’ infringement on their rights, and points out the loopholes and shortcomings of the law and of the courts’ application of law. The authors then argue that these shortcomings result from the lack of an independent body of product liability law which is based on sound theoretical foundation, and proposes directions to address this problem.

scholarly journals A Managerial Guide to Products Liability: A Primer on the Law in the United States—PART II A Focus on Theories of Recovery

2012 ◽  
Vol 2 (3) ◽  
pp. 99
Author(s):  
Jr Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Key Words ◽  
Theoretical Basis ◽  
Strict Liability ◽  
Product Liability ◽  
The United States ◽  
Products Liability ◽  
The Common ◽  
The Creation ◽  
The Law

 Abstract In Part II, the authors build on Part I of this study and here focus on the theories implicit in a product liability claim: negligence, fraud and misrepresentation, and warranty—with a focus on their inherent weaknesses—leading to the creation of the now preferred theory of strict liability in tort.  The context of Part II is on the common cases that provided the theoretical basis for the underlying theories, as well as to the development of strict liability. Key words: Theories of liability, negligence, warranty, fraud, strict liability

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