Unmasking the Test for Design Defect: From Negligence [to Warranty] to Strict Liability to Negligence
Birnbaum, Sheila L.
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Frequently CitedTop 24% most-cited · cited by 8 decisions
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Courts citing this journal article
Most recently cited by8
- 2022Seguin v. Remington Arms 5th Cir.
- 2016Izzarelli v. R.J. Reynolds Tobacco Co. Conn.
- 2011Jablonski v. Ford Motor Co. Ill.
- 1997Potter v. Chicago Pneumatic Tool Co. Conn.
- 1994Banks v. ICI Americas, Inc. Ga.
- 1991Marlow v. American Suzuki Motor Corp. Ill. App. Ct.
- 1986Baughn v. Honda Motor Co. Wash.
- 1983D.L. ex rel. Friederichs v. Huebner Wis.
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Abstract
This Article will consider the problems engendered by imprecise judicial analysis of the notion of design defect. The central issues informing this investigation are as follows: (1) Can the notion of manufacturer fault or negligence be rationally eliminated in a design defect case? and (2) Should the term "unreasonably dangerous" be retained in the definition of defect in a design case, and if so, how should it be defined?