This work comprehensively covers the complex field of products liability and addresses the liability of commercial product sellers and distributors for harm caused by their products. It supersedes § 402A of the Restatement Second, Torts and responds to issues that became serious points of contention in the courts but were not part of the products liability landscape when the earlier provision was adopted in 1964. It articulates clear answers regarding whether a product is defective by formulating three distinct categories of product defect and the legal standards appropriate to each: manufacturing defects; design defects; and inadequate instructions or warnings defects. The work also develops special rules for component parts, prescription drugs and medical devices, food, and used products.
James A. Henderson, Jr., Cornell Law School
Aaron D. Twerski, Brooklyn Law School
This Restatement covers the liability of commercial product sellers; the liability of successors and manufacturers; and provisions of general applicability.
Hardbound | 6081 | 1998 | 382 pages | $95.00
Summary of Contents
1. Liability of Commercial Product Sellers Based on Product Defects at Time of Sale
Topic 1.Liability Rules Applicable to Products Generally
Topic 2. Liability Rules Applicable to Special Products or Product Markets
2. Liability of Commercial Product Sellers Not Based on Product Defects at Time of Sale
3. Liability Successors and Apparent Manufacturers
4. Provisions of General Applicability
Topic 1. Causation
Topic 2. Affirmative Defenses
Topic 3. Definitions
Table of Cases
Table of Statutes
Table of Cross References to Digest System Key Numbers and ALR Annotations
In the Institute’s Restatement tradition, this authoritative volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes.
The Restatement will be supplemented by an Annual Pocket Part.
This volume contains all court citations to the Restatement Third Torts, Products Liability, and the Restatement Second Torts, §§ 402A and 402B, that have been reported to the Institute from July 1984 through June 2003.
This Cumulative Annual Supplement contains all citations, through June 2021, to the Restatement of the Law Third, Torts: Products Liability (1998). Because this Restatement has superseded a number of sections of the Restatement of the Law Second, Torts, recent citations to those superseded sections and to their counterparts in the original Restatement of the Law, Torts, have been included in this Supplement for the reader’s convenience. For earlier citations to Restatement of the Law Second, Torts §§ 402A–402B, see the Volumes titled “Torts 3d: Products Liability Appendix §§ 1–End Reporting Cases July 1984 through June 2003” and “Torts 2d Appendix §§ 402A to 402B Reporting All Cases through June 1984.”† For earlier citations to other superseded sections of the original Restatement and the Restatement of the Law Second, Torts, see the Restatement of the Law Second, Torts 2d Appendix Volumes.
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