Crashworthiness: The Collision of Sellers’ Responsibility for Product Safety with Comparative Fault

85 Pages Posted: 7 Jun 2018  

F. Patrick Hubbard

University of South Carolina School of Law

Evan Sobocinski

University of South Carolina, School of Law, Students

Date Written: May 18, 2018

Abstract

Crashworthiness cases often involve the following issue: Should any wrongdoing by the plaintiff in causing the initial collision reduce or bar the plaintiff’s recovery for defective crashworthiness? Jurisdictions disagree on the answer to this issue. This disagreement results in large part from differing positions on two questions. First, should products liability law use duty rules to impose liability in a way that ensures efficient accident cost reduction or should it seek fairness through relatively unstructured jury allocations of liability based on fault? Second, in addressing the first issue, should for-profit corporations be viewed as: (1) “tools” to achieve human goals like efficient reduction of accident costs or (2) “persons” entitled to fair treatment in the same way as humans.

Relying on an analysis of doctrine, history, and policy, this Article argues (1) that for-profit corporations are tools, not persons with moral rights, and (2) because these corporations are not “moral persons”, the concern for efficient reduction of accident costs by internalizing the cost of injuries from product defects to corporations should prevail over a concern for “fairness” to these corporations in allocating accident costs. Therefore, because reducing manufacturers’ liability for crashworthiness also reduces the efficient internalization to manufacturers of the cost of their failure to provide cost-effective safety, the plaintiff’s role in causing the initial accident should be irrelevant to plaintiff’s claim for defective crashworthiness. This concern for internalization also supports the expansion of plaintiff’s rights in other areas of liability for defective vehicle design.

Keywords: Products Liability, Design Defects, Strict Liability, Crashworthiness, Vehicle Restraint Systems, Restatement (Third) of Torts, History of Products Liability, Comparative Fault, History of Comparative Fault, Corporate Responsibility, Tort Reform, Fairness, Justice, Policy, Morality, Torts

Suggested Citation

Hubbard, F. Patrick and Sobocinski, Evan, Crashworthiness: The Collision of Sellers’ Responsibility for Product Safety with Comparative Fault (May 18, 2018). South Carolina Law Review, Vol. 69, 2018. Available at SSRN: https://ssrn.com/abstract=3180717

F. Patrick Hubbard (Contact Author)

University of South Carolina School of Law ( email )

1525 Senate Street
Columbia, SC 29208
United States

HOME PAGE: http://sc.edu/study/colleges_schools/law/faculty_and_staff/directory/hubbard_patrick.php

Evan Sobocinski

University of South Carolina, School of Law, Students

Main & Greene Streets
Columbia, SC
United States

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