9780735513167

Products Liability

by ;
  • ISBN13:

    9780735513167

  • ISBN10:

    0735513163

  • Format: Hardcover
  • Copyright: 2000-02-01
  • Publisher: Wolters Kluwer Law and Business

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Supplemental Materials

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Summary

Written by the two reporters For The Restatement (Third) of Torts: Product Liability, The new edition of this intellectually challenging text introduces students To The black letter of the law and its underlying policies, while applying the law to real-life situations. Unlike other casebooks, The Restatement rules and comments are fully integrated into the text - thus eliminating the need for supplementary material to bring the Restatement into class discussion. The authors continue their unique approach To The material with: an updated blend of theory and litigation complimented by cases and problems that reflect the current status And The future trends of products liability an accessible, three-part structure praised by the book's users for its careful attention To The relationship between each of the parts a student-friendly mix of problems, cases, excerpts, notes, and questions New material For The Fourth Edition includes: a host of new cases including: Myriak v. Port Authority of New York; Khumo Tire, Ltd v. Carmichael; Liriano v. Hobart Corporation; Perez v. Wyeth Laboratory Inc.; and Scarangella v. Thomas Built Buses Inc. additional coverage of Component Parts and how a number of courts have adopted Section 5 of the Restatement which limits the scope of liability for manufacturers of component parts a trilogy of cases dealing with the issue of reasonable alternative design v. consumer expectations, including Potter v. Chicago Pneumatic Tool Co. a more concise and streamlined Part III - Institutional Perspectives additional hypotheticals

Table of Contents

Table of Problems
xxi
Preface to the Fourth Edition xxiii
Acknowledgments xxv
PART I Liability for Manufacturing Defects 1(310)
Establishing Defect and Assigning Responsibility
3(78)
Carryover Concepts from First-Year Torts
4(25)
Negligence
4(4)
The Fall of the Privity Rule
8(2)
Process and Procedure: No-Duty Rules
10(1)
The Rise of Res Ipsa Loquitur
11(1)
Escola v. Coca Cola Bottling Co.
12(4)
Strict Liability and Proof of Original Defect
16(1)
Myrlak v. Port Authority or New York and New Jersey
17(12)
Problem One
29(1)
Novel Strategies for Assigning Responsibility
29(40)
Assigning Responsibility to the Entire Distributive Chain
29(2)
Anderson v. Somberg
31(7)
Problem Two
38(6)
Wolfram, Modern Legal Ethics
44(2)
Assigning Responsibility in Product-Related Workplace Accidents
46(1)
Direct Attack against the Employer
47(1)
Blankenship v. Cincinnati Milacron Chemicals, Inc.
47(9)
Coordinating Responsibility between the Employer and the Product Manufacturer
56(1)
Kotecki v. Cyclops Welding Corp.
56(3)
Social Control of Product-Related Accidents: Coordinating the Worker Compensation and Tort Recovery Systems
59(3)
Problem Three
62(1)
Utilizing Government-Mandated Product Recalls to Assign Responsibility
63(1)
Barry v. Manglass
63(6)
Problem Four
69(1)
Allocating Responsibility among Members of the Distributive Chain
69(12)
Joint and Several Liability
70(3)
Contribution among Joint Tortfeasors
73(3)
Indemnity
76(1)
Settlement and Release
77(4)
Strict Liability in Tort
81(66)
Implied Warranty as a Bridge to Strict Liability
81(6)
Greenman v. Yuba Power Products, Inc.
83(4)
Problem Five
87(1)
The Restatements (Second) and (Third) of Torts: Defining the Standard for Manufacturing Defect
87(21)
Philosophical Implications: Policies Supporting Strict Liability in Tort
91(1)
Henderson, Coping with the Time Dimension in Products Liability
91(3)
Pulley v. Pacific Coca-Cola Bottling Co.
94(3)
Practical Implications: What Does Strict Liability Actually Accomplish?
97(1)
Problem Six
98(1)
Cronin v. J.B.E. Olson Corp.
99(7)
Problem Seven
106(2)
Who Is Strictly Liable?
108(39)
In General
108(7)
Special Categories at the Boundaries of Strict Liability
115(1)
Commercial Sellers of Used Products
115(1)
Crandell v. Larkin and Jones Appliance Co.
115(4)
Note: Tort and Contract --- Something Old, Something New
119(2)
Disclaimers: New and Used Products
121(5)
Problem Eight
126(2)
Sale-Service Hybrids
128(1)
Magrine v. Krasnica
128(8)
Winter v. G.P. Putnam's Sons
136(4)
Problem Nine
140(1)
Nonsale Product Suppliers
141(1)
Retailers and Wholesalers
142(1)
Model Uniform Product Liability Act, §105
143(2)
Problem Ten
145(2)
Causation
147(72)
Did the Product, in Fact, Harm the Plaintiff? (Herein of Judicial Reliance on Statistics and Expert Testimony)
148(30)
Traditional Cause-in-Fact
148(2)
Daubert v. Merrell Dow Pharmaceuticals, Inc.
150(9)
Kumho Tire Co. Ltd. v. Carmichael
159(12)
Problem Eleven
171(1)
Exposure to Risk of Future Injury
172(1)
Mauro v. Raymark Industries, Inc.
172(6)
Did the Defendant Supply the Product That Harmed the Plaintiff? (Herein of Market Share)
178(16)
Collins v. Eli Lilly Company
179(9)
Market Share: The Fallout
188(5)
One More Example of Imposing Liability on a Defendant That Didn't Cause the Plaintiff's Injury: Successor Corporation Liability
193(1)
Problem Twelve
193(1)
Did the Defect in the Defendant's Product Contribute to Causing the Plaintiff's Harm?
194(13)
All-Or-Nothing Causation
195(1)
Midwestern V.W. Corp. v. Ringley
195(2)
Problem Thirteen
197(1)
Enhanced Injury
198(1)
Lahocki v. Contee Sand & Gravel Co., Inc.
198(7)
Elimination of the Opportunity to Avoid Injury: Loss of a Chance
205(2)
Problem Fourteen
207(1)
Was the Nature of the Plaintiff's Harm Reasonably Foreseeable? (Herein of Proximate Cause)
207(9)
Union Pump Co. v. Allbritton
207(8)
Problem Fifteen
215(1)
Proximate Cause --- A Rose by Any Other Name . . .
216(3)
Basic Elements of the Plaintiff's Recovery
219(52)
Recovery of Compensatory Damages
219(4)
In General
219(1)
Major Legislative Reforms
220(1)
Limitations on Noneconomic Damage Awards
220(2)
Reform of the Collateral Source Rule
222(1)
Reforms Allowing Periodic Payment of Damages
222(1)
Recovery for Emotional Upset
223(13)
Kennedy v. McKesson Co.
226(5)
Problem Sixteen
231(1)
Social Control of Product-Related Accidents: Assessing the Costs of Dread
232(4)
Recovery for Pure Economic Loss
236(19)
East River Steamship Corp. v. Transamerica Delaval, Inc.
238(10)
The Board of Education of City of Chicago v. A, C, and S, Inc.
248(5)
Problem Seventeen
253(1)
Modern Legal Ethics
254(1)
C. Wolfram
Recovery of Punitive Damages
255(16)
Wangen v. Ford Motor Co.
255(9)
Problem Eighteen
264(2)
Note: Federal Constitutional Control of Punitive Damages
266(5)
Affirmative Defenses
271(40)
Conduct-Based Defenses
271(30)
Plaintiff's Conduct
271(1)
Plaintiff's Conduct as Total Bar
272(2)
Andren v. White-Rodgers Co.
274(3)
Problem Nineteen
277(1)
Comparative Fault
278(1)
Introduction to Basic Principles
278(2)
Multiple Defendants
280(1)
Unit Rule
280(1)
Modified Unit Rule
280(1)
Individual Unit Rule
281(1)
Assumption of the Risk of Last Clear Chance
281(1)
Comparative Fault in Products Liability
281(1)
Murray v. Fairbanks Morse
281(6)
Plaintiff's Conduct Under Comparative Fault: The Costs of Categorization
287(3)
Problem Twenty
290(1)
Social Control of Product-Related Accidents: Comparative Fault and the Defendant of Last Resort, or ``Big Sugar Daddy and the Law of Torts''
291(2)
Waterson v. General Motors Corp.
293(6)
Social Control of Product-Related Accidents: The Seat Belt Defense and Governmental Control of Drivers' Behavior
299(2)
Non-Conduct-Based Defenses
301(10)
Time-Based Defenses
301(1)
Open-Ended Triggering Device
301(1)
Knowledge of Injury
302(1)
The Causal Connection Between the Injury and the Product
302(1)
The Identity of the Defendant
303(1)
Fixed-Period Time Bar
304(1)
Problem Twenty-One
305(1)
Note: Constitutionality of Statute of Repose
306(2)
Contract-Based Defenses
308(1)
Worker Compensation Barriers
309(1)
Governmental Immunity
309(1)
Government Contractor Defense
310(1)
PART II Liability for Generically Dangerous Products 311(334)
When the Defendant Says Too Much in Marketing the Product: Express Warranty and Misrepresentation
313(24)
Express Warranty
313(12)
What Is Warranted
313(2)
Baxter v. Ford Motor Co.
315(1)
Problem Twenty-Two
316(1)
Basis of the Bargain --- The Reliance Controversy
317(1)
Cipollone v. Liggett Group, Inc.
318(6)
Note: The Implied Warranty of Fitness for Particular Purpose
324(1)
Misrepresentation
325(12)
Crocker v. Winthrop Laboratories
327(5)
Note: Tort and Contract: Representations as the Mood Music for Determining Product Defect Under Existing Law
332(1)
Problem Twenty-Three
333(4)
When the Defendant Says Too Little in Marketing the Product: Failure to Instruct or Warn
337(136)
The Basic Duty to Instructor Warn
338(37)
When Instructions and Warnings Serve to Reduce Risks by Affecting Modes of Product Use and Consumption
339(1)
Jamieson v. Woodward & Lothrop
339(9)
Problem Twenty-Four
348(2)
To Speak or Not to Speak; or, ``Digging Your Own Grave with the Best of Intentions''
350(1)
Problem Twenty-Five
351(1)
When Instructions and Warnings Serve to Support Informed Choices by Product Users and Consumers
351(3)
Problem Twenty-Six
354(1)
Liriano v. Hobart Corp
355(5)
Does a Failure-to-Warn Claim Sound in Negligence or in Strict Liability
360(1)
Anderson v. Owens-Corning Fiberglas Corp.
360(9)
Liability Insurance and Long-Tail, Unknowable Risks
369(1)
Olson v. Prosoco, Inc.
370(2)
How the New Restatement Sorts Out the Basic Issues
372(3)
Post-Sale Duty to Warn and Recall
375(6)
Lovick v. Wil-Rich
375(6)
The Sufficiency of the Defendant's Instructions and Warnings
381(14)
Tesmer v. Rich Ladder Co.
381(3)
Problem Twenty-Seven
384(2)
Broussard v. Continental Oil Co.
386(5)
Henderson & Twerski, Doctrinal Collapse in Products Liability: The Empty Shell of Failure to Warn
391(3)
Problem Twenty-Eight
394(1)
The Growing Importance of Federal Preemption in Determining Liability for Failure to Instruct or Warn
395(15)
Cipollone v. Liggett Group, Inc.
396(14)
Who Must Instruct and Warn Whom?
410(8)
Persons v. Salomon North America, Inc.
410(8)
Did the Inadequacy of the Defendant's Instructions or Warnings Proximately Cause the Plaintiff's Harm?
418(15)
Ayers v. Johnson & Johnson Baby Products Co.
418(10)
Problem Twenty-Nine
428(1)
Powell v. Standard Brands Paint Co.
428(4)
Problem Thirty
432(1)
A Special Product Category: Prescription Drugs
433(36)
Warning the Health Care Provider
435(1)
Sterling Drug, Inc. v. Yarrow
435(6)
Direct Warnings to the Patient
441(3)
Perez v. Wyeth Laboratories, Inc.
444(10)
Defective Drug Design
454(1)
Brown v. Superior Court (Abbott Laboratories)
454(11)
Note: Liability for Harm Caused by Nonprescription Drugs and Cosmetics
465(4)
Postscript on Failure to Instruct or Warn: Other Forms of Defective Marketing
469(4)
When What the Defendant Says in Marketing the Product Isn't Controlling: Liability Based on Defective Design
473(172)
Note: A Time to Tell the Truth
474(1)
Defining the Underlying Duty to Avoid Defective Designs
475(83)
The Basic Design Standard
478(1)
The Failure of the Design to Perform Its Manifestly Intended Function: Drawing an Inference of Defect from Circumstantial Evidence
478(2)
The Failure of the Design to Include an Available, Feasible Safety Feature: Traditional Risk-Utility Balancing
480(1)
Troja v. Black & Decker Manufacturing Co.
481(8)
Problem Thirty-One
489(1)
Philosophical Implications: And Now a Word from the Enemy
490(2)
The Consumer Expectations Test for Defect
492(1)
Heaton v. Ford Motor Co.
493(6)
Problem Thirty-Two
499(2)
The Two-Prong Test for Defect
501(1)
Soule v. General Motors Corporation
501(11)
Problem Thirty-Three
512(3)
Potter v. Chicago Pneumatic Tool Company
515(11)
Note: The Consumer Expectations Test as a Shield from Liability
526(3)
Product Category Liability
529(1)
O'Brien v. Muskin Corp.
530(9)
Henderson & Twerski, Closing the American Products Liability Frontier: The Rejection of Liability Without Defect
539(4)
Wertheimer, The Smoke Gets in Their Eyes: Product Category Liability and Alternative Feasible Designs in the Third Restatement
543(2)
Bogus, War on the Common Law: The Struggle at the Center of Products Liability
545(2)
Sui Generis Tests for Design Defect
547(3)
Problem Thirty-Four
550(1)
The Interconnectedness of Design Defect and Failure to Warn
551(1)
The Interconnectedness of Design and Manufacturing Defect: Useful Product Life
552(1)
Mickle v. Blackmon
553(5)
Is Risk-Utility Balancing Too Open-Ended to Be Workable in Products Liability Litigation?
558(30)
The Nature of the Problems of Unworkability
558(1)
Dawson v. Chrysler Corp.
559(7)
Henderson, Judicial Review of Manufacturers' Conscious Design Choices: The Limits of Adjudication
566(5)
Possible Solutions to the Unworkability Problems
571(1)
The Role of State and Federal Regulation in Rendering Risk-Utility Balancing More Manageable
571(1)
State and Federal Legislation as Surrogates for Judicial Risk-Utility Balancing
571(2)
Federal Preemption
573(1)
Zimmerman v. Volkswagen of America, Inc.
573(7)
Can Sensitive Judicial Management of Design Litigation Render Marginal Risk-Utility Balancing More Justiciable?
580(1)
Wilson v. Piper Aircraft Corp.
580(8)
The Time Dimensions of Product Design Liability
588(20)
Increases in Knowledge of Risk
590(1)
Note: The Unforseeability Problem: The Rhetoric and the Reality
591(2)
Increases in Knowledge of Risk-Avoidance Techniques
593(1)
State of Art as a Defense
593(1)
Boatland of Houston, Inc. v. Bailey
594(8)
Subsequent Remedial Measures
602(4)
Shifts in Public Attitudes Toward Risk
606(2)
Special Duty and Proximate Cause Problems in Design Litigation
608(25)
The Duty of Sellers of Component Parts and Incomplete Products
609(1)
Zaza v. Marquess and Nell, Inc.
609(11)
Can Safety Equipment Be Optional for the Purchaser or Does the Manufacturer Have an Absolute Duty to Integrate Safety Features into the Product?
620(1)
Scarangella v. Thomas Built Buses, Inc.
620(4)
The Interplay Between Design and But-For Proximate Causation
624(1)
Truchan v. Nissan Motor Corp.
625(8)
Relating the Design Issue to Affirmative Defenses
633(12)
Product Misuse, Alteration and Modification: The Confusion Brought About by False Characterization of These Forms of Plaintiff Behavior as Affirmative Defenses
633(3)
Contributory Fault and Assumption of the Risk
636(1)
The Government Contractor Defense
637(1)
Boyle v. United Technologies Corp.
637(8)
PART III Institutional Perspectives 645(84)
Special Features Reflecting the Fact That Most Products Defendants Are Corporations
647(30)
The General Rule of Limited Shareholder Liability (and Exceptions Thereto)
647(20)
Nelson v. International Paint Co., Inc.
651(8)
Problem Thirty-Five
659(8)
A Special Extension of Liability: Successor Corporations
667(10)
Martin v. Abbott Laboratories
667(10)
Adjusting the Liability System to the Demands of a National Economy
677(26)
The Patchwork Quilt of Existing State Law
677(2)
Uniform Laws Approach
679(2)
The New Restatement (Third) of Torts: Products Liability
681(1)
Federal Legislative Solutions
681(2)
Substantive Law Reform
681(2)
Insurance Availability: The Risk Retention Act
683(1)
Are Judicial Solutions Viable?
683(10)
Federal Common Law
683(1)
In re ``Agent Orange'' Product Liability Litigation
684(6)
Federal Preemption of State Law
690(1)
National Management of Mass Tort Litigation
691(2)
Areas of Special Federal Competence
693(10)
The Federal Bankruptcy System
693(1)
Note: The Manville Bankruptcy: Treating Mass Tort Claims in Chapter 11 Proceedings
693(6)
Admiralty
699(4)
International Perspectives on Products Liability
703(26)
Foreign Products Liability Law
703(16)
Product Liability and Medical Malpractice in Comparative Context, in the Liability Maze
703(10)
G. Schwartz
Products Liability Act and Transnational Litigation in Japan
713(6)
H. Kobayashi
Y. Furuta
Does the American Liability System Put American Firms at a Competitive Disadvantage?
719(10)
Effects of the American Liability System on Costs and Prices of American Products
719(4)
Effects of the American Products Liability System on Product Innovation
723(6)
Table of Cases 729(14)
Table of Statutes 743(6)
Index 749

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