Principles Of Products Liability

Author : Mark Geistfeld
Publisher : Foundation Press
ISBN 13 : 9781599419145
Total Pages : 0 pages
Book Rating : 4.49/5 ( download)

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Download or read book Principles of Products Liability written by Mark Geistfeld and published by Foundation Press. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.

Author : Mark A. Geistfeld
Publisher : Foundation Press
ISBN 13 : 9781642425826
Total Pages : 390 pages
Book Rating : 4.26/5 ( download)

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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.

Author : Michael I. Krauss
Publisher :
ISBN 13 : 9780314289339
Total Pages : 0 pages
Book Rating : 4.3X/5 ( download)

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Download or read book Principles of Products Liability written by Michael I. Krauss and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it's made to appear. Krauss' Principles of Products Liability, 2d is designed to ''unpack'' these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of theoretical positions, as well as advice for practitioners. It incorporates all the recent case law, through the 2013 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability is a powerful fringe benefit of practicing this area of the law.

Author : Mark Geistfeld
Publisher : Aspen Publishing
ISBN 13 : 1543820662
Total Pages : 800 pages
Book Rating : 4.69/5 ( download)

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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.

Author : David G. Owen
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.74/5 ( download)

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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.

Author : Jerry J. Phillips
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.00/5 ( download)

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Download or read book Products Liability in a Nutshell written by Jerry J. Phillips and published by . This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Definition of Product; Definitions of Defect, Including Restatement 2d Torts and Restatement 3d Product Liability; Definition of Sale; Breakdown of Privity; Statutory Violations; Bases of Liability Including Negligence, Warranty and Strict Liability; Potential Plaintiffs; Potential Defendants Including Manufacturers, Distributors, Lessors, Realtors, Successor Corporations and Providers of Services; Contribution and Indemnity; Reliance; Disclaimers; Solely Economic Loss; Notice of Breach; Jurisdiction; Statutory Compliance; Contract Specifications Defense; Statutes of Limitations; Statutory Changes; Production, Design and Warning Claims; Misrepresentation; Causation; Subsequent Remedial Measures; Spoliation; Expert Testimony.

Author : Dean F. Edgell
Publisher :
ISBN 13 : 9780433418177
Total Pages : 500 pages
Book Rating : 4.76/5 ( download)

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Download or read book Product Liability Law in Canada written by Dean F. Edgell and published by . This book was released on 2000 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : David G. Owen
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1440 pages
Book Rating : 4.15/5 ( download)

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Download or read book Products Liability Law written by David G. Owen and published by West Academic Publishing. This book was released on 2005 with total page 1440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This hornbook delves into the expanding field of products liability law. It focuses on the major issues of products liability law, addressing them in a clear, comprehensive manner. The book starts out with introductory discussions on the nature and history of the law in the United States and abroad. It proceeds with detailed inquiries into the theories of liability, product defectiveness, causation and defenses. The book ends with a focus on selected issues, including punitive damages.

Author : Geraint G. Howells
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.94/5 ( download)

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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.

Author : Piotr Machnikowski
Publisher :
ISBN 13 : 9781780683980
Total Pages : 0 pages
Book Rating : 4.87/5 ( download)

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Download or read book European Product Liability written by Piotr Machnikowski and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users. This book is the result of an extensive international research project funded by the Polish National Science Centre. Individual country reports analyze the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development. This, as well as an economic analysis of product liability, makes the book valuable for academics, practitioners, policy makers, and all those interested in the subject. (Series: Principles of European Tort Law) Subject: Tort Law, Private Law]