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The thalidomide scandal highlighted the need for a strict product liability claim sounding in tort because the affected infants were mere bystander victims, as distinguished from product buyers or users. [55] After the UK formed the National Health Service (NHS) in 1948, 80% of pharmaceuticals were provided to patients through the NHS. [55]
When a person makes a claim for personal injury damages that have resulted from the presence of a defective automobile or component of an automobile, that person asserts a product liability claim. That claim may be against the automobile's manufacturer, the manufacturer of a component part or system, or both, as well as potentially being raised ...
The Third Restatement of the Law, Torts: Products Liability §2(b) [1] favors the risk-utility test over the Second Restatement of the Law, Torts §402(a), which favored the consumer expectations test. §2(b) states, in part, "A product is defective when, at the time of sale or distribution...is defective in design. A product is defective in ...
the product was bought there: Article 5a: Article 4 does not lead to an applicable law the principle place of business of the person held liable: Article 5b the principle place of business of the person held liable: not a claim based on the law of the state where the injury took place: Article 6: Article 4 and 5 do not lead to an applicable law
In legal disputes regarding product liability, a consumer-expectations test is used to determine whether the product is negligently manufactured or whether a warning on the product is defective. Under this test , the product is considered defective if a reasonable consumer would find it defective.
Strict liability also applies to some types of product liability claims and to copyright infringement and some trademark cases. Some statutory torts are also strict liability, including many environmental torts. The term "strict liability" refers to the fact that the tortfeasor's liability is not premised on their culpable state of mind ...
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