A Managerial Guide to Products Liability: A Primer on the Law in the United States—PART II A Focus on Theories of Recovery

Abstract

Abstract

In Part II, the authors build on Part I of this study and here focus on the theories implicit in a product liability claim: negligence, fraud and misrepresentation, and warranty—with a focus on their inherent weaknesses—leading to the creation of the now preferred theory of strict liability in tort.  The context of Part II is on the common cases that provided the theoretical basis for the underlying theories, as well as to the development of strict liability.

Key words: Theories of liability, negligence, warranty, fraud, strict liability