This course will provide an overview of how the law determines whether sellers and other commercial transferors of products should be liable for damages arising from personal injury or property damage caused by their products. The focus will be on “strict” products liability under Restatement (Third) of Torts: Products Liability, but other claims—such as negligence, warranty, and misrepresentation, also will be addressed. In addition to the basic elements of liability, the topics to be covered will include, among others, the effects of the passage of time between product manufacture and injury, the impact of product regulation by the political branches, plaintiff’s conduct, causation issues, and damages.
I anticipate using Cases and Materials on Products Liability and Safety (Foundation Press, latest edition) by David G. Owen, John E. Montgomery, and Mary J. Davis, probably the most popular casebook in the field.
The course will be structured in a way that avoids significant overlap with the basic Torts class, Advanced Torts, the Mass Products Torts seminar, and the Comparative Mass Products Liability seminar.
Current & Previous Instructors:
|This course is not currently scheduled.|