Principles of Products Liability

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ISBN: 9781599419145 | 1599419149
Cover: Paperback
Copyright: 8/9/2011

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The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.

Acknowledgements	p. v
A Note on Citations	p. xi
Introduction	p. 1
Conceptual Overview
The Doctrinal Development of Products Liability	p. 9
The Evolution of Strict Products Liability from the Implied Warranty	p. 10
The Evolution of Strict Products Liability from Negligence Principles	p. 20
Controversy over the Standard of Liability	p. 28
The Source of Controversy: The Doctrinal Ambiguity of Consumer Expectations	p. 32
Consumer Expectations	p. 37
Consumer Expectations and Tort Principles (The Fairness of Efficient Products Liability Rules)	p. 38
The Law and Economics of Consumer Expectations	p. 43
Reasonable Consumer Expectations: A Rationale for the Risk-Utility Test	p. 44
Actual Consumer Expectations: The Duty Question	p. 48
Distinguishing the Two Forms of Consumer Expectations: The Problem of Patent Dangers	p. 54
The Problem with Absolute Liability	p. 61
Consumer Expectations of Insurance	p. 62
The Historical Contingency of the Insurance Rationale for Tort Liability	p. 63
The High Cost of Tort Insurance: A Rationale for the Requirement of Defect	p. 64
The "Makeweight" Insurance Rationale for Strict Liability	p. 67
The Complementary Roles of Consumer Expectations and the Risk-Utility Test	p. 68
Doctrinal Analysis
Construction or Manufacturing Defects	p. 81
The Rationale(s) for Strict Liability	p. 82
Proof of Defect	p. 84
Food Products	p. 88
Design Defects	p. 91
A Stylized History of Design-Defect Jurisprudence: Emerging Consensus or Widespread Disagreement?	p. 92
A Warranty-Based Evolutionary Path	p. 93
A Negligence-Based Evolutionary Path	p. 104
Differing Approaches to the Same Destination?	p. 107
Proof of Defect: Reasonable Alternative Design	p. 110
Proving Defect Without the Risk-Utility Test	p. 111
The Risk-Utility Test	p. 115
Instructing the Jury	p. 117
The Role of Consumer Choice	p. 122
Foreseeable Product Use	p. 123
Inherent Product Dangers and Categorical Liability	p. 125
Considerations of Strict Liability: Shifting the Burden of Proof	p. 135
Warning Defects	p. 139
The Duty to Warn	p. 140
The Characteristics of an Adequate Warning	p. 142
Proof of Defect	p. 149
The Role of Intermediaries	p. 153
Considerations of Strict Liability: Unforeseeable Risks	p. 155
Post-Sale Warnings and Product Recalls	p. 161
The Relation Between Warnings and Product Design	p. 164
Prescription Drugs, Medical Devices, and the "Unavoidably Unsafe" Product Exemption from Strict Liability	p. 170
"Unavoidably Unsafe" Products	p. 170
Medical Products: Allegations of Defective Design	p. 172
Manufacturing Defects and the Problem of Malfunction	p. 180
Products Liability in the "Age of Statutes"	p. 187
Violation of Statutory Safety Standards	p. 188
The Regulatory Compliance Defense	p. 191
Statutory Preemption of Common-Law Tort Claims	p. 194
Causation	p. 200
Factual Causation	p. 201
The But-For Test	p. 202
Causation in Warning Cases	p. 207
Enhanced Injury	p. 215
Scientific Uncertainty	p. 220
Alternative and Market-Share Liability	p. 229
Legal or Proximate Cause (A Reprise of Duty)	p. 244
The Foreseeability Test	p. 244
The Directness Test	p. 248
The Scope of Liability as Defined by the Type of Injury and Damages Remedy	p. 252
Physical Harm and the Measure of Compensation	p. 253
Pure Economic Loss	p. 256
Stand-Alone Emotional Harms	p. 264
Punitive Damages	p. 266
Defenses Based on Consumer Conduct	p. 279
Contractual Disclaimers or Waivers of Liability	p. 279
Assumption of Risk	p. 281
Product Misuse and Comparative Responsibility	p. 288
The Scope of Strict Products Liability as Defined by the Nature of the Transaction	p. 295
Distributor and Retailer Liability	p. 295
The "Sale" of a Product	p. 300
The Sale of a "Product"	p. 301
Bystander Injuries	p. 309
Table of Cases	p. 321
Index	p. 327
Table of Contents provided by Ingram. All Rights Reserved.

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Principles of Products Liability

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Table of Contents

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