Biotechnology's Challenge to the Law of Torts

Posted: 10 Jun 2001

See all articles by Julie Davies

Julie Davies

University of the Pacific - McGeorge School of Law

Lawrence C. Levine

University of the Pacific - McGeorge School of Law; New York Law School

Abstract

This Article presents an overview of the torts issues that are likely to arise in the biotechnology arena. The Article first addresses the debate about the role of tort law in the biotechnology context: whether biotechnology should be exempted from tort liability altogether, whether biotechnology-created torts should be subjected to potential tort liability while being afforded special treatment, or whether biotechnology-created torts should be treated like other torts. The authors favor the latter treatment by which torts arising in the biotechnology arena are treated like other torts, determining that there is nothing so unique about the biotechnology context that would justify special treatment. The Article then looks at how current tort law would apply to the biotechnology arena focusing on the torts of trespass to land, conversion, strict liability (for an abnormally dangerous activity) and, most critically, strict products liability.

Suggested Citation

Davies, Julie Anne and Levine, Lawrence C., Biotechnology's Challenge to the Law of Torts. McGeorge Law Review, Vol. 32, P. 221, Fall 2000 . Available at SSRN: https://ssrn.com/abstract=270242

Julie Anne Davies (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States
916-739-7194 (Phone)
916-739-7248 (Fax)

Lawrence C. Levine

University of the Pacific - McGeorge School of Law

3200 Fifth Avenue
Sacramento, CA 95817
United States

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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