Category Archives: Products liability
Elias Van Gool, ‘Product Liability in a More Circular Economy: A Study of Liability for Alternative Methods of Distributing and Producing Durable Consumer Goods’
ABSTRACT Specific, more strict theories of product liability, which have now largely been maximally harmonised in the EU, have developed on the basis of a linear economic model. By using doctrinal and economic legal research, this thesis examines the state of EU product liability law and how it is tested by alternative, circular economic methods […]
Minssen, Aboy and Vayena, ‘Navigating the EU AI Act: Implications for Regulated Digital Medical Products’
ABSTRACT The newly adopted EU AI Act represents a pivotal milestone that heralds a new era of AI regulation across industries. With its broad territorial scope and applicability, this comprehensive legislation establishes stringent requirements for AI systems. In this article, we analyze the AI Act’s impact on digital medical products, such as medical devices: How […]
Matthew Maury, ‘When Products Interfere: An Interference Approach to Product-Based Public Nuisance’
ABSTRACT Public nuisance claims have driven multi-billion-dollar settlements against opioid and tobacco companies over harms to public health. Moreover, state and local governments have filed a torrent of recent public nuisance actions against, eg, firearm companies over gun violence, fossil fuel companies over climate change, and e-cigarette companies over teenage vaping. These actions remain vigorously […]
Gordon-Tapiero, Kaplan and Parchomovsky, ‘Deepfake Liability’
ABSTRACT Deepfake technology is spinning out of control. Recent advancements allow users to quickly, easily, and anonymously create fake yet highly realistic images and videos featuring real people. While this technology has potential benefits, it is widely used nefariously to create pornographic images and videos of young girls. Ninety-eight percent of all deepfake videos online […]
Dylan Mobley, ‘The Six Harms Doctrine: Legal Framework for Cognizable Injuries from Emotional Artificial Intelligence’
ABSTRACT The Six Harms Doctrine establishes a taxonomy of legally cognizable injuries arising from emotional artificial intelligence interaction. As AI systems increasingly simulate emotional understanding, companionship, and therapeutic support, documented casualties – including multiple deaths now in litigation – demonstrate urgent need for legal frameworks enabling accountability. Existing tort categories inadequately capture harms arising from […]
Zahra Takhshid, ‘Large Language Models as Products’
ABSTRACT Large Language Models (LLMs) are transforming industries from education to healthcare, with growing implications for how children experience digital technologies. However, the transformation has not been without cost. Parents have filed lawsuits alleging that LLMs and their defective designs have harmed children, including leading to suicide. With the current regulatory gap in most states, […]
Melissa Wasserman, ‘Products Liability in a World Designed for Men’
ABSTRACT Automobile crashes are a routine feature of modern life, yet their consequences are not evenly distributed. Women driving most vehicles face substantially higher risks of serious injury and death than men in comparable crashes – a disparity linked to safety systems designed and tested around male bodies. Across a wide range of consumer products […]
Farr, Owen and Bhalekar, ‘UK Consumer Protection and the Debate for Reform in Medical Device Liability’
ABSTRACT The long-stop rule, under the UK Consumer Protection Act (CPA) 1987, imposes a 10-year limitation period for product liability claims, providing legal certainty for manufacturers and consumers. However, this timeframe is increasingly problematic in the case of medical devices, particularly implantable ones, which can fail decades after implantation. This review considers an extension to […]
Son Tan Nguyen, ‘The Applicability of Product Liability to Artificial Intelligence Systems’
ABSTRACT In this article I examine the applicability of the Australian Consumer Law provisions on product liability for defective goods to artificial intelligence (‘AI’) systems. I argue that significant reforms are necessary to effectively address defects in AI systems. Key areas for reform include clarifying the term ‘component’ of goods to encompass digital elements such […]
‘Private Standards as Swords and Shields for Autonomous Vehicles’
Gary E Marchant, ‘Swords and Shields: Impact of Private Standards for Liability Determinations of Autonomous Vehicles’, 18 Journal of Tort Law 311 (2025). What happens when a self-driving car kills someone and there is no human driver to blame, no detailed public regulation to point to, and a jury that has never heard of ISO […]