Product Liability in the ‘80s

1985 ◽  
Vol 4 (1) ◽  
pp. 69-79 ◽  
Author(s):  
Terry Morehead Dworkin ◽  
Mary Jane Sheffet
Keyword(s):  
Market Share ◽  
Strict Liability ◽  
Product Liability ◽  
Punitive Damages ◽  
Court Decisions ◽  
Legislative Proposals

In the last decade recent court decisions have greatly increased the manufacturer's liability. Expansion of strict liability, increases in awards of punitive damages, and development of new theories such as market share liability to deal with the so-called “delayed manifestation” cases are examples of this judicial expansion. This paper discusses these decisions, the recent legislative proposals made to counter them, and delineates some steps manufacturers should take for protection.

Product Liability

2020 ◽  
Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Case Law ◽  
The European Union ◽  
Financial Loss ◽  
Liability Law ◽  
The Usa ◽  
The Law ◽  
The Uk ◽  
The Impact

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.

scholarly journals URGENSI PENGATURAN STRICT LIABILITY DALAM RANCANGAN AMANDEMEN UNDANG-UNDANG PERLINDUNGAN KONSUMEN

2011 ◽  
Vol 41 (1) ◽  
pp. 1
Author(s):  
Ari Wahyudi Hertanto
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Caveat Emptor

AbstrakInti dari product liability adalah pelaku bertanggungjawab atas kerusakan, kecacatan,penjelasan, ketidaknyamanan dan penderitaan yang dialami oleh konsumen karenapemakaian atau mengkonsumsi barang atau jasa yang dihasilkannya. Product Liabilityumumnya disebut juga dengan istilah tanggung jawab produk, tanggung gugat produk, atautanggung jawab produsen. Di dalam praktek pun, adagium yang menyatakan bahwa konsumen selaku pembeli harus hati-hati (caveat emptor) masihlah sangat relevan. Banyak kendala-kendala yang dihadapi dalam mewujudkan prinsip tersebut agar dapat diterapkansecara adil dan tepat.

Die Zweckmäßigkeit der arzneimittelrechtlichen Gefährdungshaftung

2021 ◽  
Author(s):  
Johannes Rein
Keyword(s):  
Medicinal Product ◽  
Strict Liability ◽  
Product Liability ◽  
European Law ◽  
Doctoral Thesis ◽  
Standard Of Proof ◽  
European Product

In this doctoral thesis, the medicinal product law strict liability from § 84 AMG is evaluated with regard to its expediency. First, the institute of strict liability is comprehensively explained. The focus of the work is the problem of proving causality. It becomes clear in the work that even the presumption of causality from § 84 para. 2 AMG does not solve the problems of proof. The author argues for a lowering of the standard of proof and cites European law arguments for this. In the author's opinion, the presumption of causality from § 84 Para. 2 AMG contradicts the European Product Liability Directive, which, in the author's opinion, must guide medicinal product liability.

Punitive Damages Theory in Product Liability Act

The Justice ◽  
2017 ◽  
Vol 63 ◽  
pp. 6-25
Author(s):  
Seok-Chan Yoon
Keyword(s):  
Product Liability ◽  
Punitive Damages

10. Product liability

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

scholarly journals Strict Liability Principle: Consumer Protection from Hidden Defective Products in Indonesia

2020 ◽  
Vol 4 (1) ◽  
pp. 109
Author(s):  
Holijah Holijah
Keyword(s):  
Consumer Protection ◽  
Negative Impact ◽  
Strict Liability ◽  
Product Liability ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Basis ◽  
Philosophical Approach ◽  
Role Of Government ◽  
Weak Supervision

Weak supervision on the standardization of the quality of goods products, the negative impact of the use of technology, and fraudulent products cause an increase in hidden defective goods products in the current era of globalization. The phenomenon of the existence of hidden defective products increasingly demanding the importance of the role of government to regulate, supervise and control to create a legal construction of product responsibility for consumers, which normatively does not exist yet. The concept of consumer protection due to hidden defective goods is a new thing that has never been explained in Indonesian literature. The purpose of this paper is to analyze the hidden defective products phenomenon, and the legal basis on the principle of responsibility is applied. Strict liability of produces due to loss of hidden defective goods products as an effort to protect consumers in Indonesia. This research uses the normative analysis method by using secondary data as primary data through the statute approach, philosophical approach, and historical approach. The results of this study show the importance of legal products that can provide consumer rights without reducing the rights of produces. The need for a legal basis for the product liability principle with the principle of strict liability to claim the responsibility of a produces through developing the doctrine of tort as a basis for demanding compensation due to hidden defective goods from the outstanding produces on the market. For this reason, it is recommended as a consideration, namely normative amendment to the law of the Republic of Indonesia number 8 of 1999 concerning consumer protection as a short-term step, while the long-term step is to issue a special law that regulates the absolute responsibility of produces due to loss of defective products hidden in the future.

A Comparison of Civil Liability for Defective Products in the United Kingdom and Germany

2002 ◽  
Vol 3 (4) ◽  
Author(s):  
Richard Best
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Strict Liability ◽  
Product Liability ◽  
The European Union ◽  
Eu Member States ◽  
The United Kingdom ◽  
Development Risks ◽  
Definition Of ◽  
Domestic Law

The Product Liability Directive of 1985 (85/374/EEC) (“the Directive”), which sought to harmonise a strict liability regime for defective products across the European Union, has now been implemented into domestic law by all EU member states. In some countries the implementing legislation has been in force for more than 10 years. Nevertheless, until recently, there were few decided cases, both in the United Kingdom and across Europe generally, considering in detail the often critical provisions of articles 6 (definition of defectiveness) and 7(e) (the development risks defence).

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