Manufactured Product Liability

Manufactured Product Liability - I. Absolute liability a....

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I. Absolute liability a. effectively removes the requirement of demonstration of proximate cause b. moves away from proximate cause c. relies on cause-in-fact, backward looking causality II. II. Enterprise Liability a. Company A manufactures product that later turns out to have a defect. i. 20 years afterward, another company buys the company ii. Company B now becomes liable for A’s previous defects iii. If Company B sells A, B is still liable for that period of time b. Result: Introduces a range of uncertainties i. Interest for companies to take into account risks of types of products ii. Companies do not know what risks to account for in future c. III. In absence of contributory negligence: a. Results in a lower than efficient victim level of precaution i. ŷ<y* so that pD is greater than the efficient level IV. Reyes v Wyeth Lab (1974) a. Salk Vaccine i. Uses dead virus to protect from Polio b. Sabin Vaccine i. Uses live virus ii. Benefit to Public Health: 1. Uninoculated individuals are exposed to those with vaccine
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Manufactured Product Liability - I. Absolute liability a....

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