Constricting Products Liability: Reforms in Theory and Procedure

48 Pages Posted: 14 Oct 2003  

Frank J. Vandall

Emory University School of Law

Abstract

"Constricting Products Liability" argues that expansive reforms, in theory and procedure, make it impractical for an attorney to take a small products liability case. Several defenses are examined as are the impact of the discovery process and Daubert. The role of the Restatement (Third) Products Liability and the present state of design defect, warnings, and preemption are also considered. Possible solutions are evaluated.

Keywords: tort reform, discovery, procedure, defenses, Daubert, Restatement (Third) Section 7 2b, design defect, warnings, preemption, legislation

Suggested Citation

Vandall, Frank J., Constricting Products Liability: Reforms in Theory and Procedure. Villanova Law Review, Vol. 48, p. 843, 2003. Available at SSRN: https://ssrn.com/abstract=448080 or http://dx.doi.org/10.2139/ssrn.448080

Frank J. Vandall (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-727-6510 (Phone)
404-727-6820 (Fax)

Paper statistics

Downloads
139
Rank
171,889
Abstract Views
1,854