"The Products Liability Revolution - Proposals for Continued Legislativ" by Stephen J. Werber
 

Document Type

Article

Publication Date

1982

Publication Title

New England Law Review

Abstract

The law of automobile product liability in the United States developed intially through a process of evolution, as evidenced by the more than four decades between the leading decisions in the area. Since then, the restrained evolution of judicial development has become a revolution with its major focus of attack in several significant areas, including: (1) crashworthiness, (2) strict liability in tort, (3) burden of proof to establish the existence of a "defect"; and (4) apportionment of liability judgments, i.e., comparative fault versus joint and several liability. The purpose of this Article is twofold: to trace and comment upon these areas of legal development and revolution; and second, to suggest an effective legislative program which would protect the legitimate needs of the consumer while providing adequate and necessary support to an industry recognized as a major component of the American economy.

Comments

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Volume

18

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