The Restatement (Third) of Torts and its effects on products liability law

Article Abstract:

The Restatement (Third) of Torts on Products Liability, published in 1998, refines products liability law by imposing strict liability in tort for manufacturing defects. As to design defects, the Third Restatement moves in the other direction, from strict liability to negligence, by allowing plaintiffs to attack a product's overall design as unsafe and defective. Plaintiffs must show that there was a reasonable alternative design which, if used, would have reduced the chance of foreseeable injury.

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Warning: sellers may now have a post-sale duty to warn

Article Abstract:

The authors discuss section 10 of the Restatement (Third) of Torts: Products Liability, which recognises a duty by sellers to warn consumers after sale of a product when there is a substantial risk of harm from the product and other factors apply.

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The nature and impact of the Restatement (Third) of Torts: products liability s. 10; post-sale duty to warn

Article Abstract:

The authors discuss the issue of the duty to warn purchasers after sales and focus on the provisions in section 10 of the Restatement (Third) of Torts: Products Liability.

Product Liability

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