Abstract

http://ssrn.com/abstract=1579005
 


 



Damned for Their Judgment: The Tort Liability of Standard Development Organizations


Robert H. Heidt


Indiana University Maurer School of Law


Wake Forest Law Review, Vol. 45, 2010
Indiana Legal Studies Research Paper No. 163

Abstract:     
This article examines the tort liability of standard development organizations when sued by persons injured while using a product, service or activity that complies with the organization’s standards. These suits typically allege that the standard development organization developed its standards negligently in that the standards failed to require certain precautions that probably would have avoided the plaintiff’s injury. Two successful suits against the National Spa and Pool Institute, the standard development organization for swimming pools illustrate the current law. This article criticizes the opinions in those suits and contends that, on policy grounds, courts should dismiss these suits against standard development organizations on the ground of “no duty” or should grant the organization a qualified privilege when it develops standards. Such a privilege would require a plaintiff to show that the organization developed its standards in bad faith. The contours of “bad faith” in this context are then discussed.

Number of Pages in PDF File: 61

Keywords: Standard Development Organization, Duty, Open-ended Liability, jury competence, First Amendment

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Date posted: March 31, 2010 ; Last revised: July 10, 2013

Suggested Citation

Heidt, Robert H., Damned for Their Judgment: The Tort Liability of Standard Development Organizations. Wake Forest Law Review, Vol. 45, 2010; Indiana Legal Studies Research Paper No. 163. Available at SSRN: http://ssrn.com/abstract=1579005

Contact Information

Robert H. Heidt (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
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