‘A Doctrine in Distress’

Aaron D Twerski and James A Henderson, Fixing Failure to Warn, 90 Indiana Law Journal (forthcoming, 2014), available at SSRN. A major accomplishment of the American Law Institute’s 1998 Restatement Third of Torts: Products Liability project is its disaggregation of product defects into categories warranting distinct legal treatment: manufacturing (or construction) defects, design defects, and failure to warn. Indeed, this tripartite approach is at the core of the Restatement Third project, which was touted as ‘an almost total overhaul of Restatement Second as it concerns the liability of commercial sellers of products’. It may then seem surprising that James Henderson and Aaron Twerski — joint reporters for the Restatement Third project — have second thoughts about the categories they so adeptly forged … (more)

[Catherine Sharkey, JOTWELL, 9 July]

First posted 2014-07-09 12:50:06

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