Download this Paper Open PDF in Browser

Products Liability in the Sharing Economy

51 Pages Posted: 31 Aug 2017  

David Berke

Independent

Date Written: November 30, 2016

Abstract

This Note undertakes an in-depth review of an important legal problem that has not yet been addressed—the role of products liability in the sharing economy. To date, two foundational questions have not been posed in the sharing economy literature, much less answered. First, what descriptive role, if any, does products liability have in the sharing economy? Second, what role should products liability have in the sharing economy and its regulation, as a normative matter? In Part I, this Note examines a hypothetical sharing economy products liability claim point-by-point and finds that, descriptively, such a claim is conceivably possible but extremely difficult. In Part II, this Note argues against this current state of the law and advocates a more robust role for products liability in the sharing economy.

Keywords: products liability, torts, sharing economy

Suggested Citation

Berke, David, Products Liability in the Sharing Economy (November 30, 2016). Yale Journal on Regulation, Vol. 33, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=3028958

David Berke (Contact Author)

Independent ( email )

No Address Available

Paper statistics

Downloads
37
Abstract Views
80