This content is not included in
your SAE MOBILUS subscription, or you are not logged in.
Legal Aspects of Lower Extremity Injuries: An Overview of Products Liability Law in the 1980's
Annotation ability available
Sector:
Language:
English
Abstract
Products liability laws provide three major theories - negligence, breach of warranty, and strict liability - under which a person who has been injured may recover for injuries and damages incurred in an accident. While these theories may consider any culpable conduct of the defendant, more often they focus solely on the question of whether the product manufactured, sold, or maintained by the defendant was unreasonably dangerous. The effect of these laws is to transfer in large measure the social cost of accidents involving products to manufacturers and retailers of the products.
Citation
Edwards, R., "Legal Aspects of Lower Extremity Injuries: An Overview of Products Liability Law in the 1980's," SAE Technical Paper 861933, 1986, https://doi.org/10.4271/861933.Also In
References
- Prosser W. Torts 4th 1971
- Greenman v. Yuba Power Products, Inc. 1963
- Restatement (Second) of Torts 1965
- Id.
- Hayes v. Ariens Co. 1984
- Prosser W. Torts , 4th 1971 Restatement (Second) of Torts 1965
- Henningsen v. Bloomfield Motors, Inc. 1960
- “Unreasonably dangerous. The rule stated in this Section applies only where the defective condition of the product makes it unreasonably dangerous to the user or consumer. Many products cannot possibly be made entirely safe for all consumption, and any food or drug necessarily involves some risk of harm, if only from over-consumption. Ordinary sugar is a deadly poison to diabetics, and castor oil found use under Mussolini as an instrument of torture. That is not what is meant by unreasonably dangerous in this Section. The article sold must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.”
- Cronin v. J.B.E. Olson Corp. 1972 Barker v. Lull Engineering Co., Inc. 1978 Azzarello v. Black Bros. Co., Inc. 1978