Products Liability Law

Owen's Products Liability Law, 3rd Edition, is a comprehensive study of products liability law, covering theories of liability, defectiveness, causation, proof, defenses, and special contexts. It explores the tensions and debates, impacts of the Restatement of the Law of Torts, Third: Products Liability, highlights classic and recent cases, and reveals how reform statutes alter the field.

Format: Hardback
Length: 1335 pages
Publication date: 30 July 2022
Publisher: West Academic Publishing

This new edition of Owen's Products Liability Law refines and updates this classic study of products liability law in action. It examines in depth the nature and history of products liability in America and abroad, theories of liability, product defectiveness, and causation, proof of defect and cause (including toxic substances), with a Daubert emphasis, key defenses, including federal preemption, and a thorough inquiry into many special types of products liability contexts (including cases against sellers of electronic and biologic products), claims against Amazon for selling defective third-party products, automotive cases, and pharmaceutical litigation. Throughout, the treatise explores the underlying tensions and debates, explains the impact of the Restatement of the Law of Torts, Third: Products Liability, highlights classic and important recent cases, and reveals how reform statutes alter this ever-shifting field of law.

Introduction:
Owen's Products Liability Law, a renowned and comprehensive treatise, has been revised and updated to provide a thorough exploration of this dynamic field of law. This new edition delves into the intricate details of products liability, encompassing its nature, history, theories, and various contexts. It examines the theories of liability, product defectiveness, and causation, emphasizing the importance of proof and the application of Daubert standards. Additionally, the treatise explores key defenses such as federal preemption and addresses special types of products liability cases, including those involving electronic and biologic products, claims against Amazon for selling defective third-party products, automotive cases, and pharmaceutical litigation.

Nature and History of Products Liability:
The book delves into the historical development of products liability law in both America and abroad. It explores the evolution of tort theories, the concept of product defectiveness, and the criteria for establishing causation. It also examines the role of toxic substances in product liability cases and the challenges associated with proving defect and cause. The treatise provides insights into the underlying tensions and debates surrounding products liability, shedding light on the impact of reform statutes on this ever-shifting field of law.

Theories of Liability:
The book discusses various theories of liability in products liability cases. It explores the concept of strict liability, which holds manufacturers and sellers strictly liable for any harm caused by their products, regardless of fault. It also examines the theory of negligence, which requires a showing of a breach of duty of care by the manufacturer or seller. The treatise examines the interplay between these theories and the specific circumstances that may lead to liability.

Product Defectiveness:
The book provides a comprehensive analysis of product defectiveness. It explores the criteria for determining whether a product is defective and the legal standards that apply to such determinations. It discusses the concept of reasonable care and the manufacturer's duty to design and produce products that are safe for their intended use. The treatise also examines the role of product warnings, instructions, and safety standards in preventing harm.

Proof of Defect and Cause:
Proof of defect and cause is a critical aspect of products liability cases. The book discusses the various methods of proving defect and cause, including expert testimony and scientific evidence. It emphasizes the importance of Daubert standards in evaluating the reliability and validity of scientific evidence. The treatise also explores the challenges associated with proving toxic substances' presence in products and the legal implications of such findings.

Key Defenses:
The book examines key defenses available to manufacturers and sellers in products liability cases. It discusses federal preemption, which limits the ability of states to regulate products that are subject to federal regulation. It also explores the defenses of assumption of risk, contributory negligence, and product misuse. The treatise provides an in-depth analysis of these defenses and their applicability in different products liability contexts.

Special Types of Products Liability Contexts:
The book explores various special types of products liability contexts. It examines cases against sellers of electronic and biologic products, which involve unique challenges and considerations. It also addresses claims against Amazon for selling defective third-party products, which have gained significant attention in recent years. The treatise discusses the legal implications of these cases and the strategies employed by plaintiffs and defendants.

Claims Against Amazon for Selling Defective Third-Party Products:
In recent years, claims against Amazon for selling defective third-party products have become a significant issue. The book provides an in-depth analysis of these claims, including the legal standards that apply to Amazon's liability. It discusses the challenges associated with proving Amazon's knowledge of the defect and the defenses available to Amazon. The treatise also explores the potential impact of these claims on the e-commerce industry and the steps that Amazon has taken to address them.

Automotive Cases:
Products liability cases also involve automotive products. The book examines the legal standards and defenses applicable to automotive manufacturers and dealers. It discusses the concept of product liability for design defects, manufacturing defects, and defects in the marketing and distribution of automotive products. The treatise also explores the role of safety regulations and the legal implications of failing to comply with them.

Pharmaceutical Litigation:
Products liability cases also involve pharmaceutical products. The book provides an in-depth analysis of the legal standards and defenses applicable to pharmaceutical manufacturers and distributors. It discusses the concept of product liability for design defects, manufacturing defects, and defects in the marketing and distribution of pharmaceutical products. The treatise also explores the role of regulatory agencies and the legal implications of failing to comply with their regulations.

Conclusion:
Owen's Products Liability Law, in its revised and updated form, is a valuable resource for attorneys, scholars, and practitioners in the field of products liability law. It provides a comprehensive and up-to-date examination of the nature, history, theories, and contexts of products liability. The treatise explores the underlying tensions and debates, explains the impact of the Restatement of the Law of Torts, Third: Products Liability, highlights classic and important recent cases, and reveals how reform statutes alter this ever-shifting field of law. By providing a thorough analysis of products liability law, this book serves as a valuable tool for those seeking to navigate the complex and evolving landscape of this field.

Dimension: 254 x 191 (mm)
ISBN-13: 9781647087142
Edition number: 4 Revised edition