tortsproductsliability

tortsproductsliability - TORTS PRODUCTS LIABILITY Laura...

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TORTS PRODUCTS LIABILITY Laura Rothstein ©2009 Policy Questions How did the law of products liability develop? Does it serve the goals it purports to serve? What are the consequences of the present system? What are the alternatives? Basic Definition Claim for personal injuries or property damage arising out of the use of a product. Historical context Evolution from common law – caveat emptor – (buyer beware) to Negligence – McPherson v. Buick Motor Co. (1916) – allowed consumers to recover even if they did not have privity of contract Warranty – Escola v. Coca Cola Bottling Co. (1944) – established general principle of implied warranty of merchantability (fitness for ordinary purposes for which such goods are sold) Henningsen v. Bloomfield Motors, Inc. (1960) – extends implied warranty to foreseeable ultimate purchasers; waivers of warranty generally unconscionable because of social justice policy “Strict” Liability in Tort Greenman v. Yuba Power Products, Inc. (1963) – California is first jurisdiction to adopt this principle -- articulates principles in Restatement 402A of Torts principles –
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tortsproductsliability - TORTS PRODUCTS LIABILITY Laura...

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