Products Liability Law – Lessons from the Military and Industrial Contexts
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Nathan A. Schachtman
Abstract
The policy bases for American products liability law have developed largely through a series of state court cases that involved products sold to ordinary consumers. These cases featured significant disparities between manufacturers and injured consumers in understanding latent risks from product use, and in their ability to avoid the risks and to absorb and to distribute the costs of the risks. The policy bases that appear cogent for consumer products fail to explain or justify the imposition of liability in many industrial settings, which involve military or industrial customers that are well aware of the products’ latent risks and that have moral, common law, statutory, and regulatory duties to ensure that the industrial products are used safely.
© 2020 Walter de Gruyter GmbH, Berlin/Boston
Artikel in diesem Heft
- Frontmatter
- AALS Torts Panel
- “…A Damn Shame”: James Davey’s Thoughtful Cynicism
- By Insurers, For Insurers: The UK’s Liability Regime for Autonomous Vehicles
- Not So Fast: A Brief Plea for Muddling Through the Problems of Autonomous Vehicle Liability
- Essay
- Ordinary Tort Litigation in China: Law versus Practical Justice?
- Symposium, “What Practitioners Can Teach Academics about Tort Litigation”
- Expert Testimony Needs Judges to Act as “Gatekeepers”: The Maryland Court of Appeals Teaches Why
- Shifting the Burden of Proof on Causation: The One Who Creates Uncertainty Should Bear Its Burden
- Defending Government Tort Litigation: Considerations for Scholars
- What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in Medical Malpractice Litigation
- Litigation Financing: Balancing Access with Fairness
- Products Liability Law – Lessons from the Military and Industrial Contexts
- What Practitioners can Teach Academics about Tort Litigation: Auto Accidents from the Plaintiff’s Counsel
- Fighting the Good Fight: The Insurance Defense Litigator
Artikel in diesem Heft
- Frontmatter
- AALS Torts Panel
- “…A Damn Shame”: James Davey’s Thoughtful Cynicism
- By Insurers, For Insurers: The UK’s Liability Regime for Autonomous Vehicles
- Not So Fast: A Brief Plea for Muddling Through the Problems of Autonomous Vehicle Liability
- Essay
- Ordinary Tort Litigation in China: Law versus Practical Justice?
- Symposium, “What Practitioners Can Teach Academics about Tort Litigation”
- Expert Testimony Needs Judges to Act as “Gatekeepers”: The Maryland Court of Appeals Teaches Why
- Shifting the Burden of Proof on Causation: The One Who Creates Uncertainty Should Bear Its Burden
- Defending Government Tort Litigation: Considerations for Scholars
- What Practitioners can Teach Academics About Tort Litigation – The Plaintiff’s Perspective in Medical Malpractice Litigation
- Litigation Financing: Balancing Access with Fairness
- Products Liability Law – Lessons from the Military and Industrial Contexts
- What Practitioners can Teach Academics about Tort Litigation: Auto Accidents from the Plaintiff’s Counsel
- Fighting the Good Fight: The Insurance Defense Litigator
