Primacy in Products Liability: A Comparison of Israeli and American Law

33 Pages Posted: 22 Dec 2015

See all articles by Barbara Pfeffer Billauer

Barbara Pfeffer Billauer

Institute of World Politics; International Program in Bioethics, U. of Porto; Foundation for Law and Science Centers, Inc.

Date Written: December 21, 2015


Israel is the second country in the world to enact a product liability scheme in a comprehensive coordinated fashion (i.e., as a Directive, Restatement or Statute) after the United States and before the European Union and Britain. Its schema, statutorily, however is hydra-headed. Thus actions brought for damages occasioned by defective products may be brought under several statutes, (The Law s of Torts, Negligence, Sales, Consumer Protection and for Defective Products) each with their own nascent history and expository case law. Merely looking at the statutes facially, one would expect the resolution to be no different from that arising under the Second Restatement of Torts. But, a review of relevant case law plus attention to the Israeli predilection for economically-driven tort reform might well herald a different future.

As Israel increasingly becomes a world player in technologically advance products (TAPs), attention to the multi-tiered system of the Israeli liability system is warranted. This article sets for the details of the applicable statutes and contrasts them to American law as a platform for future analysis.

Keywords: strict liability in tort, product liability, restatement of torts, absolute liability, negligence, sales, consumer protection, warranty, breach of warranty, implied warranty, comparative law, Israel, United States, technolgically advanced products

JEL Classification: D84, D11, D46, D63, K13, K12, K33, K41, L51, L62, N40, N60, 031, 033, 038, Z10

Suggested Citation

Billauer, Barbara P., Primacy in Products Liability: A Comparison of Israeli and American Law (December 21, 2015). Available at SSRN: or

Barbara P. Billauer (Contact Author)

Institute of World Politics ( email )

1521 16th St NW,
Washington, DC
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+1 202-462-2101 (Phone)

International Program in Bioethics, U. of Porto ( email )

Rua Dr. Roberto Frias
4200-464 Porto

Foundation for Law and Science Centers, Inc. ( email )

1020 16th Street NW
Suite LL1
Washington, DC 20036
United States
972 54 344 6055 (Phone)

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