Category Archives: Products liability
Zhen Chen, ‘The Tango between the Brussels Ia Regulation and Rome I Regulation under the beat of directive 2008/122/EC on timeshare contracts towards consumer protection’
ABSTRACT Timeshare contracts are expressly protected as consumer contracts under Article 6(4)(c) Rome I. With the extended notion of timeshare in Directive 2008/122/EC, the question is whether timeshare-related contracts should be protected as consumer contracts. Additionally, unlike Article 6(4)(c) Rome I, Article 17 Brussels Ia does not explicitly include timeshare contracts into its material scope […]
Heidi Li Feldman, ‘What It Takes to Write Statutes that Hold the Firearms Industry Accountable to Civil Justice’
ABSTRACT This Essay defends statutes creating public nuisance and consumer protection causes of action against firearms industry actors for their failure to take reasonable measures to control the flow of their products to criminal users. Such laws are predicate statutes under PLCAA and do not infringe the Second Amendment. Heidi Li Feldman, What It Takes […]
Vibe Ulfbeck and Paul Verbruggen, ‘Online Marketplaces and Product Liability: Back to the Where We Started?’
ABSTRACT Online marketplaces have become key actors in the global distribution and sale of goods. However, various incidents and reports around unsafe and dangerous products sold via these digital platforms have raised concerns amongst consumers and regulators. Taking developments in American case law as a starting point, the article analyses the extent to which online […]
Alexandra Lahav, ‘A Revisionist History of Products Liability’
ABSTRACT Increasingly courts, including the Supreme Court, rely on ossified versions of the common law to decide cases. This Article demonstrates the risks of this use of the common law. The main contribution of the Article is to demonstrate that the traditional narrative about early products law — that manufacturers were not liable for injuries […]
Gerhard Wagner, ‘Liability Rules for the Digital Age – Aiming for the Brussels Effect’
ABSTRACT With legislative proposals for two directives published in September 2022, the EU Commission aims to adapt the existing liability system to the challenges posed by digitalization. One of the proposals remains related and limited to liability for artificially intelligent systems, but the other contains nothing less than a full revision of the 1985 Product […]
Marco Almada and Anca Radu, ‘The Brussels Side-Effect: How the AI Act Can Reduce the Global Reach of EU Policy’
ABSTRACT Over the last few years, artificial intelligence (AI) technologies have become embedded in various domains of social life, prompting legislative efforts at both national and international levels. In the European Union (EU), this drive for legislation has been reflected in various legal instruments, notably the proposed AI Act, which is expected to become a […]
Oliver Kassenbrock, ;When Designed Outcomes Are “Unforeseeable”: Proximate Causation in the Opioid Crisis’
INTRODUCTION … The ongoing opioid crisis is a public health matter of grave concern, with nearly a quarter of a million Americans dying due to overdoses involving prescription opioids in the last two decades. The Centers for Disease Control (CDC) estimate that approximately 136 people die each day in the United States from opioid overdose […]
Bryan Choi, ‘AI Malpractice’
ABSTRACT Should AI modelers be held to a professional standard of care? Recent scholarship has argued that those who build AI systems owe special duties to the public to promote values such as safety, fairness, transparency, and accountability. Yet, there is little agreement as to what the content of those duties should be. Nor is […]
Vibe Ulfbeck, ‘From Linear to Circular Value Chains: A Role for Tort Liability in Recycling Practices?’
ABSTRACT This article examines the extent to which tort law can be used to incentivise the creation of the circular value chain and the design of products that live up to the requirements of the circular economy. In doing so, this article focuses in particular on the concepts of product liability and value chain liability. […]
Tycho de Graaf and Gitta Veldt, ‘The AI Act and Its Impact on Product Safety, Contracts and Liability’
ABSTRACT On 21 April 2021, the European Commission presented a proposal for an Artificial Intelligence (AI) Act. The proposal’s aim is to address the risks associated with the placement and putting into service of an AI system on the EU market. In this contribution the Draft Regulation, its relationship to existing product safety law and […]