Modern Products Liability Law
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Description
The law of products liability has been central to the movement for consumers' rights ever since the Progressive Era early in this century. But, over the past ten years, the importance of this law has increased dramatically. Many more products liability suits are being brought. Settlements are larger and more frequent. Many more lawyers, even entire firms, are specializing in this increasingly lucrative field. And liablilty insurance rates for manufacturers have skyrocketed. This book is the first comprehensive, informed study of a rapidly evolving - and hotly controversial - area of civil law. Richard Epstein begins with the historical background to products liability law. After tracing its nineteenth- and early twentieth-century antecedents, he examines key provisions of the Restatment (Second) of Torts, as well as such precedent-setting court cases as Escola v. Coca-Cola Bottling Company and Greenman v. Yuba Power Company. He then turns to a close analysis of the modern law - the theories behind it, the defenses available under it, the thorny questions of procedure and proof on which it finally rests. Such basic issues as the matter of design defects and the duty to warn are analyzed, as is the controversial question of punitive damages. Each of the major rules that currently govern products liablity suits is examined in terms of its intrinsic fairness and its probable incentive effect. Epstein finds much to fault in the received wisdom about modern products liability law. He maintains that today's often confused laws result in great administrative costs and uncertainty on the part of consumers, manufacturers, and legal specialists. He stresses the central distinction - often disregarded by today's overprotective courts - between products that conform to general consumer expectations and products that contain hidden defects of which the consumer is wholly unaware. Any lawyer, judge, researcher, or business person involved in the issue of products liability will find this book an incomparable fund of information and insights.
Publication Date
1980
Recommended Citation
Epstein, Richard A., "Modern Products Liability Law" (1980). Faculty Books & Edited Works. 184.
https://gretchen.law.nyu.edu/fac-books-edited-works/184
