Document Type

Article

Publication Title

Journal of Air Law and Commerce

Abstract

In this paper I shall again address the question of the relevance of the contributory negligence defense, whether as a complete or a partial bar to plaintiff's recovery. In the first section I shall attempt to explain why this defense was not an issue in the early products liability actions prior to the publication of the Restatement (Second) of Torts in 1965. In the second section I shall argue that contributory negligence should indeed be recognized as a defense, whether comparative or contributory negligence is the rule within a given jurisdiction. In the third section I shall argue for a general rehabilitation of the older admiralty rule which called for an automatic division of all losses caused by the wrongful conduct of both plaintiff and defendant. In the last section I shall discuss the application of comparative negligence rules to actions involving multiple defendants, only some of whom may be products liability defendants.

First Page

87

Volume

45

Publication Date

1979

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