The uneasy case for product liability by Steven Shavell

Cover of: The uneasy case for product liability | Steven Shavell

Published by Harvard Law School in Cambridge, MA .

Written in English

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  • Products liability

Edition Notes

Book details

StatementSteven Shavell and A. Mitchell Polinsky.
SeriesDiscussion paper -- no. 647, Discussion paper (John M. Olin Center for Law, Economics, and Business : Online) -- no. 647.
ContributionsPolinsky, A. Mitchell., John M. Olin Center for Law, Economics, and Business.
LC ClassificationsK487.E3
The Physical Object
FormatElectronic resource
ID Numbers
Open LibraryOL23916016M
LC Control Number2009655760

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THE UNEASY CASE FOR PRODUCT LIABILITY A. Mitchell Polinsky∗ and Steven Shavell∗∗ In this Article we compare the benefits of product liability to its costs and conclude that the case for product liability is weak for a wide range of products. One benefit of product liability is that it can induce firms to improve product safety.

The Uneasy Case for Product Liability. Law & Economics The Uneasy Case for Product Liability. Article by A. Mitchell In this Article we compare the benefits of product liability to its costs and conclude that the case for product liability is weak for a wide range of products.

One benefit of product liability is that it can induce firms to. Download Citation | The Uneasy Case of Product Liability | In this Article we compare the benefits of product liability to its costs and conclude that the case for product liability is weak for a.

16 A. Mitchell Polinsky & Steven Shavell, The Uneasy Case for Product Liability, HARV. REV. 17 Id. at –92 (suggesting that, in light of Uneasy’s cost-benefit analysis, legislation might be contemplated “that would limit or eliminate product liability in certain industries or for certainFile Size: KB.

The Uneasy Case for Product Liability. Harvard Law Review, Forthcoming. Stanford Law and Economics Olin Working Paper No. Harvard Law and Economics Discussion Paper No.

Harvard Public Law Working Paper No. 57 Pages Posted: 7 Sep Last revised: 3 Dec Cited by: The book is arranged so that the core of products liability law is presented in the first six chapters, but the materials may also be taught out of order.

Topics include misrepresentation and warranty law, defects and reasonableness, cause-in-fact, proof, proximate cause and : Hardcover. The benefits of product liability appear to be The uneasy case for product liability book by its costs. First, product liability has not been found to have improved product safety in a significant way.

This may be because firms have reasons to enhance product safety even in the absence of product liability: Their sales are likely to fall if they harm consumers, and they are often subject to safety.

The North Carolina Prima Facie Tort Manual is a quick reference guide to the elements and case law of every recognized tort in North Carolina, including Automobile Negligence, Fraud, Medical Malpractice, and Wrongful Death claims. 16 A. Mitchell Polinsky & Steven Shavell, The Uneasy Case for Product Liability, harv.

Rev. 17 Id. at (suggesting that, in light of Uneasy's cost-benefit analysis, legislation might be contemplated "that would limit or eliminate product liability in certain industries or for certain widely sold products," id. &t ). In The Uneasy Case for Product Liability, we maintained that the benefits of product liability are likely to be less than its costs for many products, especially widely sold ones.

Our article was intended to alter the dominant view held by the judiciary and commentators that product liability has a clear justification on grounds of public policy. damages. That, in short, is product liability; and, not surprisingly, the law that governs this kind of liability is referred to as product liability law.

This article is intended to serve as a brief introduction to product liability law, especially as it relates to food. However, before we embark on. Product Liability is a recognized 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.

The book also considers the legal aspects of product liability insurance and important procedural matters, such as the possibility for class The uneasy case for product liability book and jurisdiction and choice of law questions. Fully updated to incorporate the changes since the previous edition, this book is a comprehensive and authoritative exposition of product liability : Hardcover.

Yes, this is not unusual. It is best to contact an attorney who can assist you with the specifics of your case as soon as possible. We are glad to assist you. Contact us whenever you are ready. I wish you well. -The Upshaw Law Firm, () View More Answers.

Product liability case digest [Scott Baldwin] on *FREE* shipping on qualifying offers.1/5(1). If this happens, then your product liability case will need to rely on circumstantial evidence to prove your case.

For instance, many jurisdictions rely on the “malfunction theory” – a theory that allows the plaintiff to show that the product had unexpectedly malfunctioned while being used normally. Biography. John Goldberg, an expert in tort law, tort theory, and political philosophy, joined the Law School faculty in From until then, he was a faculty member of Vanderbilt Law School, where he served as Associate Dean for Research ().

Product liability is the legal responsibility imposed on a business for the manufacturing or selling of defective goods. This is one way our society enforces consumer protection, or the idea that. This article questions, and in some contexts disproves, the validity of the efficiency justifications for the comparative negligence rule.

One argument in the literature suggests that comparative negligence is the superior rule in the presence of court errors. The analysis here shows the analytical flaw in this claim and conducts numerical simulations -- a form of synthetic "empirical" tests.

A case study on Product Liability – in USA against Indian tractor manufacturing company – which purchased Product Liability Policy from a Private General Insurance Company in India.

Defective Product: Evidence to Verdict is the definitive resource and day-to-day companion for any lawyer involved in a products liability case. In sum, the book can be characterized as a no-nonsense how-to book and reference for those lawyers involved in product cases. From the simplest tactic to the most complex issues, Defective Product.

The Kings and Garcia filed a product liability claim against Ledraplastic for $4 million in lost salaries and $ million in damages and eventually won the case. A Sacramento Kings’ basketball player filed a product liability case after sustaining injuries from a. The Preparation of a Product Liability Case offers substantive analysis and practical, expert guidance on analyzing theories of liability, conducting pre-trial discovery and discovery of particular information, introducing crucial evidence, and planning litigation strategies.

You'll find all the hands-on guidance you need to tackle such essential aspects of the product liability litigation. A useful software for the busy practitioner, Product Liability Case Digest supplies an immensely priceless head begin to analysis by serving to you shortly determine probably the most related and present selections more likely to have an effect on your product legal responsibility case.

It’ll save you incalculable quantities of time and money. The second uneasy thesis in Maya is the application of Pennsylvania law to liability and compensatory damages. Maya is an all-too-familiar litigation tourism situation. “Tennessee is where [minor plaintiff] resided at the time of her injuries, where the [drug] was purchased, and where [her] injuries and initial treatment occurred.” Phila.

A plaintiff in a products liability case asserts that the manufacturer of a product should be liable for personal injury or property damage that results from a defect in a product or from false representations made by the manufacturer of the product.

A defendant often tries to disprove the plaintiff's case by showing that the product was not defective or that the plaintiff's misuse of the. 1 The Software Liability Problem Software product liability has not been a historical problem for four reasons.

First, until recent-ly, software has largely been used by experts in the computer departments of large corpora-tions. Only in the last few years have small Cited by: At Saunders & Walker P.A., we are proud to represent victims across the nation in product liability cases involving defective and dangerous products.

If you've been injured by a defective medical device, harmful pharmaceutical drug, or dangerous product, please call us for a free consultation at Part 1 of the Consumer Protection Act implemented an EEC Directive which created the most important new statutory liability in the post-war era in the UK.

The author takes this development as her starting point in an investigation into the nature of product liability and beyond, into a consideration of important general topics in civil liability today.2/5(1). Abstract. Taking Guido Calabresi’s discussion of preferences and value judgements in The Future of Law and Economics as a starting point, this paper analyses some conceptual difficulties, epistemic benefits and normative uses of parsimonious economic analyses of “tastes and values.” First, the paper shows that it is not only possible to analyse and model all the richness of “tastes and Author: Péter Cserne.

A successful product liability case allows the victim to recover different types of damages including compensatory damages and punitive damages. You may seek the help of a personal injury lawyer to help you with your claim. The LegalMatch online library contains Author: Daniel Lebovic.

If you've been injured or suffered other damages because of a dangerous product or prescription drug, you might have a viable product liability evaluating and preparing your case, it's helpful to get familiar with what the law requires you to prove in order to win. Jury Verdict Roundup: Top 10 Product Liability Cases Submitted In Last year, hundreds of attorneys across the nation submitted cases to be included in the LexisNexis Jury Verdict and Settlement database.

Some of the cases were submitted directly here. Product Liability. Manufacturer: Various Description: Consumer products encompass the full range of goods that we use in our everyday lives, from consumables to luxury items.

Some products have defects that make them dangerous, even when used as intended. Injury-causing products are subject to product liability lawsuits, which hold responsible manufacturers and other companies in the.

Chemistry within the Department of Agriculture into the Food and Drug Administration and took on broader regulatory powers. 6 Tort law also evolved in the United States under pressure from the growing number of consumer claims and lawsuits.

7 For food products, consumers traditionally could not sue manufacturers directly in tort unless the latter had a contractual relationship with the former. In their article “The Uneasy Case for Product Liability,” Professors Polinsky and Shavell assert the extraordinary claim that there should be no tort liability - none at all - for injuries.

Liability systems. There are three predominant claims that may be made within the product liability umbrella. Breach of warranty is a contract-based theory, although the most significant warranty for purposes of pharmaceutical product liability is the implied warranty of merchantability, which is imposed by law rather than the agreement of the : Christopher J.

Robinette, Michael D. Green. Before you take legal action, speak with an experienced product liability attorney for assistance with your case.

Proving Defective Product Liability. Before you can prove a product is defective, you need to determine what type of defect caused your injury. There are two primary types of defective product claims that you can make.

17 More Products Liability: Common “Defenses” to Strict Products Liability Claims INTRODUCTION The previous chapter considered the elements a plaintiff must establish to recover on a claim for “strict products liability.”[1]We saw that strict products liability allows an injured party to recover against a seller for personal injury or property damage caused by defective products.

LG case, exposing Amazon to potential product liability claims for marketplace sales. While this case was on appeal, eBay won a highly relevant (but uncited) ruling in Blazer v.

eBay. That case held that, for utility patent purposes, vendors, not eBay, made the “offers for sale.”. As Pelvic Mesh Settlements Near $8 Billion, Women Question Lawyers’ Fees. More thanwomen are resolving claims against companies that made pelvic mesh products to treat urinary problems.Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts.

These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.Products liability deals with defective and dangerous products that cause thousands of injuries every year.

The laws and regulations associated with this area of law are different than ordinary personal injury laws. Parties that are responsible for products liability claims can be liable under specific legal theories including negligence.

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