New England Law Review
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.
Stephen J. Werber, The Products Liability Revolution - Proposals for Continued Legislative Response in the Automotive Industry, 18 New England Law Review 1 (1982)