Cleveland State Law Review
products liability, tort law, advertising agencies
In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined--but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principles, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.
Stephen J. Werber, Product Liability: The Potential Liability of the Advertising Agency 24 Cleveland State Law Review 413 (1975)