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Unformatted text preview: ose of manufacturers. On balance, holding manufacturers strictly liable for such injuries is unjustifiable. Admittedly, protecting consumers from defective and dangerous products is an important and worthwhile goal. No doubt nearly all of us would agree that health and safety should rank highly as an objective of public policy. Also, compelling a high level of safety forces manufacturers to become more innovative in design, use of materials, and so forth. Consumers and manufacturers alike benefit, of course, from innovation. However, the arguments against a strictliability standard are more compelling. First, the standard is costly. It forces manufacturers to incur undue expenses for overbuilding, excessive safety testing, and defending liability law suits. Consumers are then damaged by ultimately bearing these costs in the form of higher prices. Second, the standard can be unfair. It can assign fault to the wrong party; where a product is distributed through a wholesaler and/or retailer, one of these parties may have actually caused, or at least contributed to, the injury. The standard can also misplace fault where...
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- Spring '09