ABSTRACT
Over the ensuing 50 years from the promulgation of §402A, products liability in general has seen a retrenchment from strict liability. The Restatement (Third) of Torts: Products Liability openly adopted negligence principles for design and warning claims, and created an entirely new provision to protect pharmaceutical manufacturers even more robust than 402A’s comment k. Regarding pharmaceutical liability, the trend away from any liability at all has been remarkable. In the face of this legal history, and in spite of it, this Article proposes taking a fresh look at strict liability for pharmaceutical injuries. What has changed since the adoption of the Products Liability Restatement, which endorsed a virtual immunity from liability for pharmaceuticals? …
Davis, Mary J, Time For a Fresh Look at Strict Liability for Pharmaceuticals (April 19, 2019). Cornell Journal of Law and Public Policy, volume 28, no 4, 2019.
First posted 2019-05-08 06:23:54
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