Strict Products Liability at 50: Four Histories

This Article offers four different perspectives on the strict products- liability “revolution” of a half-century ago. One of these narratives relates the predominant assessment of how this movement coalesced and spread across the states. The three alternative histories introduced by this Article view the shift toward strict products liability through populist, practical, and contingent lenses, respectively. The first of these narratives considers the contributions that plaintiffs and their counsel made toward this change in the law.

The second focuses upon how a formerly common, but now moribund, type of products-liability lawsuit framed the argument for strict liability as a superior alternative to negligence. The third examines why tort law eclipsed warranty as the principal doctrinal forum for products- liability reform. As detailed herein, these three alternative accounts both challenge and complement the standard description of strict products liability’s rise.