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Emerging Trends In Product Liability Legislation
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Book Synopsis Product Liability by : Duncan Fairgrieve
Download or read book Product Liability written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2020-05-20 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.
Book Synopsis Products Liability Law by : Mark Geistfeld
Download or read book Products Liability Law written by Mark Geistfeld and published by Aspen Publishing. This book was released on 2021-10-07 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.
Book Synopsis Current Trends in Product Liability by : Satish Chandra
Download or read book Current Trends in Product Liability written by Satish Chandra and published by . This book was released on 1988 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Designing Safer Products by : George C. Eads
Download or read book Designing Safer Products written by George C. Eads and published by . This book was released on 1983 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes ways in which firms have responded to recent changes in pressures to design safer products, using interviews with product safety officials in major manufacturers and extensive analysis of legal and scholarly literatures. Shifts to strict liability and more stringent regulation during the last 15 years have increased pressure to invest in safety assurance procedures, as evidenced by creation of new corporate product safety units. Regulation has been of more questionable effectiveness than has strict liability in inducing better design practices. Argues that federal product liability legislation will have marginal effect, despite the current variation in state law on the matter. Discusses the factors that influence the effectiveness of corporate product safety units and suggests that combining product safety with quality assurance may be the optimal strategy for a firm.
Book Synopsis Managing Product Liability Risks by : J. Wilson McCallister
Download or read book Managing Product Liability Risks written by J. Wilson McCallister and published by . This book was released on 2005 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's litigation environment manufacturers must systematically manage their product liability risks. This requires that product managers and corporate decision-makers take as much interest in managing the company's product liability as they do in their initiatives to increase shareholder value. They simply cannot sit back and criticize the system while relying on past practices and antiquated legal principles. That's a recipe for disaster. Corporate executives must understand that shareholder value means little if the company is forced into bankruptcy by product litigation. Society today demands more from manufacturers than it did just a few decades ago. A systematic approach to managing product liability risks, therefore, begins with an appreciation of the legal principles under which products are judged, and an acceptance of the fact that the rules will continue to change to meet consumer expectations. Corporate managers cannot be surprised by the civil justice system. They must understand the system and design and distribute products that conform to its requirements. In this book the authors provide corporate managers with a comprehensive look at current and developing trends in product liability law and offers practical suggestions on how to minimize the risks of litigation as product liability law continues to expand. Co-authored by David H. Canter, Partner, Harrington Foxx Dubrow & Canter Llp, and J. Wilson McCallister, this book provides unique insight into the exposure of a corporation to product liability litigation and offers the benefit of the authors' experience to managing this risk. This book offers unique insights from in-house to outside counsel, producing advice that is workable from both sides of the practice. J. Wilson McCallister was with Deere & Company in its law department for 25 years. As Associate General Counsel, he managed Deere's product litigation, early dispute resolution program and special litigation throughout the United States. David Canter, a senior partner at the Los Angeles firm of Harrington, Foxx, Dubrow & Canter has defended corporations in products liability litigation for 40 years. He has defended corporations in litigation in 17 state and federal courts and thus has gained wide nationwide experience. Chapters include: 1.) Product Liability: The Legal Context and Trends2.) A Systematic Approach to Managing Product Liability Exposure and Litigation3.) A First Step: Designing to Reduce Product Accidents and Injuries4.) The Importance of Proper Selection and Use of Expert Witnesses5.) Striving To Be the Best Pays Off6.) The Effective Use of Legal Counsel7.) Early Claims Resolution Makes Sense: A Strategy8.) Alternate Dispute Resolution is Cost Effective: A Strategy9.) Document Retention Policy: How to Stay Out of Trouble with the Courts and Juries10.) The Trial: It's Non-Controllable Risks and Possible Wins and Losses
Book Synopsis Product Liability and Innovation by : National Academy of Engineering
Download or read book Product Liability and Innovation written by National Academy of Engineering and published by National Academies Press. This book was released on 1994-02-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.
Book Synopsis Reforming Products Liability by : W. Kip Viscusi
Download or read book Reforming Products Liability written by W. Kip Viscusi and published by Harvard University Press. This book was released on 1991 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.
Book Synopsis Product Liability Litigation by : Stephanie A. Scharf
Download or read book Product Liability Litigation written by Stephanie A. Scharf and published by Practising Law Inst. This book was released on 2009 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability Litigation: Current Law, Strategies, and Best Practices provides comprehensive legal, technical, and strategic knowledge that maximizes your ability to prevail in consumer product liability cases, whether you're the plaintiff's or defendant's attorney.
Book Synopsis International Product Law Manual by : Arundel McDougall
Download or read book International Product Law Manual written by Arundel McDougall and published by . This book was released on 2011-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first and only and‘one-stop shopand’ for lawyers that offers the necessary practical information relating to liabilities in connection with products in the major jurisdictions where the law of product liability is most fully developed and therefore influential worldwide. Thirty-three expert authors with wide-ranging knowledge of product liability law and– including litigation experience in a variety of jurisdictions and– clearly define the law in relation to liabilities and responsibilities arising in connection with a potentially and‘defectiveand’ product, and describe what steps to take when handling such a case. To the three jurisdictions universally recognized as the and‘trendsettersand’ in the area of product liability and– the European Union, the United States, and Australia and– is added China, as its emerging industrial influence on the rest of the trading world and its nascent product liability laws make it essential to consider. Opening with summaries of the law in each of these four jurisdictions (plus Canada), the work proceeds to examine such aspects of product liability law as the following: differences in each jurisdiction among the key practice areas of contract, tort, statute, and regulation; the leading case law underpinning the principles in play in each jurisdiction; the legal implications and demands of product recalls; product liability insurance from legal and industry perspectives; forum shopping; and product risk management. Topics demonstrating the application of the law in practice provide an understanding of how the product liability systems of the jurisdictions covered actually work. In sum, this is an incomparable practitionerand’s guide to essential elements of the laws of product liability, primarily in Europe, North America, and China, but which will be useful virtually anywhere in the world. For product liability specialists this book will occupy an essential place among their resources. For most lawyers, who will be involved in product liability issues of one type or another at some stage in their career, this book will provide the essential quick groundwork whenever occasion arises. Among the many sophisticated academic works, comparative analyses across jurisdictions, and countless commentaries on the law of individual jurisdictions, this book is unique in its direct practical usefulness.
Book Synopsis Product Liability Litigation by : Stephanie A. Scharf
Download or read book Product Liability Litigation written by Stephanie A. Scharf and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis US and EEC Product Liability by : Roger Zäch
Download or read book US and EEC Product Liability written by Roger Zäch and published by . This book was released on 1989 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Product Liability by : Geraint G. Howells
Download or read book Comparative Product Liability written by Geraint G. Howells and published by Dartmouth Publishing Company. This book was released on 1993 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a grounding in the principles of product liability and examines how they have been tackled by different legal systems. In particular the author looks at European developments against the background of, for example, the United States, where the concern to protect consumers of defective products has led to something of a products liability crisis - large damage awards plus strict liability have meant that it is difficult for some industries to obtain insurance - and New Zealand, where a no fault compensation scheme operates. The book provides an understanding of the process by which European laws are harmonized, by analyzing the European Directive on Product Liability - and assesses how effective the measures taken have been in the European Community and elsewhere.
Book Synopsis Product Liability Entering the Twenty-First Century by : Michael J. Moore
Download or read book Product Liability Entering the Twenty-First Century written by Michael J. Moore and published by Brookings Institution Press. This book was released on 2004-05-13 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are liability "crises" an inevitable part of the modern industrial landscape? Does the inherent nature of the insurance industry promote recurring liability crises? What have been the effects of the liability reforms of the 1990s? Should lawyers be given de facto regulatory authority? This report provides perspective on these and other key issues concerning the law and economics of products liability. The authors begins with a brief description of the evolution of products liability doctrine in the U.S., up to the point of the liability crisis of the late 1980s. They discuss the economic implications of product risk for both consumers and producers, offer economic hypothesis on the implications of the increased scope of liability and subsequent reforms, and provide an update of trends in litigation and liability law. The book ends with a discussion of pending legislation and prospects for further improvements. Moore and Viscusi make the point that effective liability policy calls for a balancing of the incentives for improved public safety on one hand, and the benefits of new and existing products on the other.
Book Synopsis Principles of Products Liability by : Mark A. Geistfeld
Download or read book Principles of Products Liability written by Mark A. Geistfeld and published by Foundation Press. This book was released on 2020-04-27 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art study of products liability, showing how ancient laws have evolved into liability rules capable of solving the safety questions raised by new or emerging technologies, ranging from autonomous vehicles to the Amazon online marketplace. The rule of strict products liability from the last century has been transformed into a more comprehensive liability regime--"strict products liability 2.0"--that incorporates the risk-utility test into the consumer-expectations framework of strict products liability. Across the important issues, this form of liability sharpens the inquiry about what's at stake, supplying strong rationales for a host of otherwise contentious doctrines--from federal preemption to the relevance of scientific evidence in toxic-tort cases. The analysis throughout relies on extended discussion of the black-letter rules and associated controversies in the case law, providing a solid foundation for understanding this vitally important area of the law.
Book Synopsis Trends in Product Liability Law and No-fault Compensation for Drug Induced Injuries by : Sheila R. Shulman
Download or read book Trends in Product Liability Law and No-fault Compensation for Drug Induced Injuries written by Sheila R. Shulman and published by . This book was released on 1990 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Products Liability by : James A. Henderson
Download or read book Products Liability written by James A. Henderson and published by Aspen Publishers. This book was released on 1997 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: Henderson, and Twerski draw on their unique position as Reporters For The new Restatement of Products Liability, Third, To create an extremely effective coursebook. PRODUCTS LIABILITY: Problems and Process, Third Edition, blends theory and litigation to reflect the current status and future directions of products liability. Appropriate for a two- or three-credit course, this revision offers problems of exceptional quality. The new Restatement is expertly woven into the Third Edition, along with coverage of such important current issues as: failure-to-warn allocation of liability within the commercial chain of distribution corporate law's limits on liability federalism design In addition, users will find new cases and problems throughout the book. PRODUCTS LIABILITY: Problems and Process, Third Edition, Is easily adapted to your specific course needs. Optional problems let you decide which areas to emphasize. Henderson and Twerski know what works in the classroom, and they've spared no effort to reflect that knowledge in their outstanding revision. Be sure to adopt their new edition.
Book Synopsis Products Liability in a Nutshell by : David G. Owen
Download or read book Products Liability in a Nutshell written by David G. Owen and published by West Academic Publishing. This book was released on 2005 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.
