Category Archives: Products liability
Carrie Bradshaw, ‘Good Samaritan laws and Surplus Food Redistribution – a Solution in Need of a Problem?’
ABSTRACT Edible surplus food is produced at every stage of the supply chain. Redistributing this surplus for people to eat prevents food waste. Levels of surplus food redistribution (SFR) in the UK have more than tripled since 2015. However, evidence suggests that there are opportunities to increase SFR from the food supply chain. A widely […]
Gregory Keating, ‘Is The Third Restatement of Design Defect A Defective Product?’
ABSTRACT The American Law Institute’s Restatements of the Law present themselves as attempts to summarize and organize existing case law; to provide the most sensible and persuasive justifications for extant doctrine; and to state the law as it is in an intellectually coherent way. Restatements purport to reshape the law only by organizing and clarifying […]
Ayres and Balkin, ‘The Law of AI is the Law of Risky Agents without Intentions’
ABSTRACT Many areas of the law, including freedom of speech, copyright, and criminal law, make liability turn on whether the actor who causes harm (or creates a risk of harm) has a certain mens rea or intention. But AI agents – at least the ones we currently have – do not have intentions in the […]
Marzen and Conklin, ‘Solar Eclipses and the Law’
ABSTRACT This Article provides a comprehensive overview of the legal issues that appear with a solar eclipse. These include the sale of defective or fake eclipse glasses, vehicle accidents, liability claims for personal injuries against school districts, as well as questions involving the freedom of religion. Finally, this Article concludes by considering the juxtaposition between […]
Deimantė Rimkutė, ‘Shaping Civil Liability in the Digital Age: AILD and the Revisited PLD’
ABSTRACT This article assesses two proposals for directives put forward by the European Commission: The Artificial Intelligence Liability Directive and the revised Product Liability Directive. The first part of the article introduces and compares the two proposals for directives. The subsequent part assesses the key elements of the Directives, including the scope of the application; […]
Emily Laidlaw, ‘The Diligent Online Platform’
ABSTRACT Platform regulation models are changing. For many years, intermediary liability laws were stuck in the binary of leave-up or takedown models. There has been a shift to what can be described as risk management, duty of care or due diligence models, such as the European Union’s Digital Services Act, the United Kingdom’s Online Safety […]
Goldberg and Trask, ‘No-Injury and Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers’
ABSTRACT Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ […]
Florence G’sell, ‘An Overview of the European Union Framework Governing Generative AI Models and Systems’
ABSTRACT This study is a work in progress examining the legal framework governing generative AI models in the European Union. First, it studies the rules already applicable to generative AI models (GDPR, Copyright Law, Civil Liability, Digital Services Act). Second, it examines the latest version of the AI Act as it was voted by the […]
Miriam Buiten, ‘Product liability for defective AI’
ABSTRACT This paper studies the efficient definition of product defects for AI systems with autonomous capabilities. It argues that defining defects in product liability law is central to distributing responsibility between producers and users. The paper proposes aligning the standard for defect with the relative control over and awareness of product risk possessed by the […]
Elias Van Gool, ‘Overview of German Product Liability Law’
ABSTRACT This is an unpublished excerpt from my doctoral dissertation, which has been entirely omitted in the final, published version due to reasons of scope. It might be of interest to comparative legal researchers and non-German-speaking lawyers, since it is more comprehensive and recent than other English texts on German product liability law sensu lato. […]