Principles of Products Liability

A state-of-the-art study of products liability, showing how ancient laws have evolved into liability rules capable of solving the safety questions raised by new or emerging technologies, ranging from autonomous vehicles to the Amazon online marketplace. The rule of strict products liability from the last century has been transformed into a more comprehensive liability regime―“strict products liability 2.0”―that incorporates the risk-utility test into the consumer-expectations framework of strict products liability. Across the important issues, this form of liability sharpens the inquiry about what’s at stake, supplying strong rationales for a host of otherwise contentious doctrines―from federal preemption to the relevance of scientific evidence in toxic-tort cases. The analysis throughout relies on extended discussion of the black-letter rules and associated controversies in the case law, providing a solid foundation for understanding this vitally important area of the law.