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 Pocket Part contains citations to the Restatement of the Law Third, Torts:
Products Liability, as well as citations to §§ 402A–402B of the Restatement
Second of Torts, for the period from July 2003 through June 2019. For earlier
citations to §§ 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
subsequent citations, see also the Interim Case Citations to the Restatements
and the Principles of the Law pamphlets designated for use with the 2020
Pocket Parts and Supplements.