Product Liability

Product Liability

Author: Duncan Fairgrieve

Publisher: Oxford University Press

Published: 2020-05-20

Total Pages: 1041

ISBN-13: 0191669946

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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.


Shapo on the Law of Products Liability

Shapo on the Law of Products Liability

Author: Marshall S. Shapo

Publisher: Wolters Kluwer

Published: 2012-10-22

Total Pages: 3484

ISBN-13: 1454821477

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A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.


Products Liability

Products Liability

Author: James A. Henderson

Publisher: Aspen Publishers

Published: 1997

Total Pages: 776

ISBN-13:

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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.


Products Liablility and Basic Tort Law

Products Liablility and Basic Tort Law

Author: Martin Alan Kotler

Publisher:

Published: 2005

Total Pages: 704

ISBN-13:

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Products Liability and Basic Tort Law covers all products liability theories; express and implied warranty under the Uniform Commercial Code; fraudulent, negligent and innocent misrepresentation; strict liability and, of course, negligence. Because the book places products liability law into the larger context of tort law, large sections are devoted to basic tort principles of duty, actual and proximate cause, damages, defenses and third party claims for indemnity and contribution. As a result, the book would also be an excellent supplement to whatever casebook is being used in a products liability or traditional first-year law school torts class. In addition to tracing the development of modern products liability and tort doctrine, the book discusses and analyzes many of the currently hot issues in products liability law and tort law, not only clarifying the underlying issues, but, in many instances, showing where and why recent lines of cases and developing doctrine fit in or, more commonly, fail to fit in to traditional legal concepts and traditional understanding about the respective roles of judges, juries and legislatures. For example, the current push to carve out separate spheres for tort and contract law and the resulting incoherence of doctrine is a recurring theme as is the (largely political) impetus for tort and products liability reform in the courts, state legislatures and Congress. The explanation and criticism of some emerging doctrine should provide practitioners with a valuable basis for structuring a legal argument in an appropriate case. This book is also available in paper binding.


Restatement of the Law Third, Torts

Restatement of the Law Third, Torts

Author: American Law Institute

Publisher: American Law Institute-American Bar Association(ALI-ABA)

Published: 1998

Total Pages: 428

ISBN-13:

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"As adopted and promulgated by the American Law Institute at Washington, D.C., May 20, 1997."--T.p.