Understanding products liability law

This concise and comprehensive Understanding treatise is designed to complement any products liability casebook. Part I consists of an overview of the complex body of products liability caselaw and statutes that has developed over the past century. The chapters follow a functional approach and begin with the four theories that are the foundation of all products liability cases: warranty, misrepresentation, negligence, and strict liability. Separate chapters in Part I then examine the principle types of product defects (design, manufacturing, and failure to warn) and some of the problems involved with proving that the product was defective and that the defect was the cause of the injury. Finally chapters focus on the various defenses available in a products liability action and the types of damages that a plaintiff may seek.

An understanding of products liability law also requires an examination of the issues involved in the prosecution or defense of a products liability case. Part II addresses a range of those issues, including researching the case; drafting the complaint; interrogatories and requests to admit facts; requests for the production of documents; discovery and evidence depositions; protective orders; and discovery enforcement.

The development of products liability law -- Warranty -- Misrepresentation -- Negligence and strict liability : policies, parties, and products -- Design defects -- Manufacturing defects -- Warning defects -- Problems of proof : defect and causation -- Defenses -- Damages -- Research and practice implications of choice of theory -- Researching the products case -- The expert witness -- Drafting the complaint and discovery focus -- Products liability and discovery -- Interrogatories and requests to admit facts -- Requests to produce documents -- Discovery and evidence depositions -- Protective orders and discovery enforcement.