Products Liability

Products Liability and Economic Activity: An Empirical Analysis of Tort Reform’s Impact on Businesses, Employment, and Production

INTRODUCTION .......................................................................................... 258 I. THE EVOLUTION OF PRODUCTS LIABILITY LAW ...................... 262 A. Early American Law ....................................................... 263 B. Modern American Law ................................................... 265 C. The Liability “Crisis” ...................................

The Products Liability Directive: A Mandatory Development Risks Defense

This Note argues that the optional inclusion of the development risks defense in Member State legislation undermines the Products Liability Directive by impeding harmonization of products liability laws in the Community. Part I sets forth the background and content of the Products Liability Directive. Part II discusses the implementation of the Products Liability Directive in Member State legis...

Framework for Analysis of Products Liability in Montana,

The essential rationale for imposing the doctrine of strict liability in tort is that such imposition affords the consuming public the maximum protection from dangerous defects in manufactured products by requiring the manufacturer to bear the burden of injuries and losses enhanced by such defects in its products! In Brandenburger v. 2 the Montana Supreme Court adopted the doctrine of strict li...

Corporate risk management: evidence from product liability

In this paper we examine the factors that determine how firms manage large, firmspecific risks, in this case, product liability. The risk of being sued for defective products or damage from defective products poses a small probability of a great loss to the firm. Product liability exposure arises from the firm’s choice of products and markets; choices that are fundamental to the firm’s business...

Products Liability--An Analysis of Market Share Liability

Software Defect Classes and No-fault Liability

Software is increasingly used to control systems that can cause harm to the consumer. There is consensus among commentators that many software systems are “products” for purposes of the law of products liability. However, strict products liability in tort has yet to be applied to software products. The day is certainly coming. The Restatement of the Law, Third, Products Liability, explains that...