Product Liability in North America
Product Liability: Fundamental Questions in a Comparative Perspective, (Eds) Helmut Koziol, Michael D. Green, Mark Lunney, Ken Oliphant, Lixin Yang, Walter de Gruyter GmbH & Co KG, 2017; ISBN 9783110547559
51 Pages Posted: 15 Dec 2017 Last revised: 13 Apr 2018
Date Written: January 2, 2017
This book chapter provides an overview of the rules governing liability for product-related injuries in the U.S. and Canada, as well as the context in which those rules operate. Included are discussions of the rationales for, and the development of, the U.S. doctrine of strict products liability, and the application of strict products liability and negligence doctrines to hypothetical cases.
Keywords: Restatement (Third) Products Liability, risk-utility, Section 402A, strict liability, warranty, blood shield laws, consumer expectations, design defect, enterprise liability, Escola, failure to warn, loss spreading, manufacturing defect, negligence, products liability, privity, punitive damages
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