Document Type

Article

Publication Date

1971

Publication Title

Cleveland State Law Review

Keywords

tort law, strict liability, automobile crashworthiness

Abstract

It is the purpose of this article to review the decisional law of automobile crashworthiness and to place it in the context of important policy considerations which justify such judicial determinations. It will be shown that the great majority of these decisions are entirely consistent with the doctine of "strict tort liability" as enunciated in section 402A of the Restatement of Torts, Second; that the questions sought to be submitted to juries in these cases are properly the subject of highly technical and complex legislative and administrative action on both a state and federal level; and that the few decisions seemingly holding to the contrary were based upon a fallacious legal premise which, if accepted, would make the automobile industry virtual insurers.

Comments

Reprinted in 21 Law Review Digest 1 (1971); 587 Insurance Law Journal 532 (1971); 15 Personal Injury Commentator 65, 1972 Personal Injury Annual 605

Volume

20

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