Defective Products: Abnormal Use, Contributory Negligence, and Assumption of Risk
Noel, Dix W.
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How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Cited
5
Citing decisions
5
Courts citing
Citations by decade
4
1
1970s1980s
Courts citing this journal article
Most recently cited by5
- 1988Colter v. Barber-Greene Co. Mass.
- 1979Morningstar v. Black & Decker Manufacturing Co. W. Va.
- 1978Thibault v. Sears, Roebuck & Co. N.H.
- 1978Cepeda v. Cumberland Engineering Co. N.J.
- 1976Phipps v. General Motors Corp. Md.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
This article will attempt to analyze these three general kinds of conduct on the part of the plaintiff, giving attention to basic tort principles and to traditional distinctions. Special emphasis will be placed on the functions of court and jury in resolving questions posed by situations in which injury is caused both by a defective product and by the plaintiff's handling of that product. It will be shown that a court's choice of policy factors as a basis for strict liability may affect considerably its final decision.