Products Liability: Serving All Americans

• NCJ Number: 128941
• Journal: Trial Volume: 26 Issue: 10 Dated: (October 1990) Pages: 26-33
• Author(s): J Claybrook
• Date Published: 1990
• Length: 7 pages
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: Excerpted from a paper presented at the June 1, 1990 conference in Harriman, New York, conducted by the American Assembly on "Tort Liability."

Annotation

The tort system and its place in products liability and consumer protection are discussed.

Abstract

The five ways that the tort system serves the public are discussed: compensation, deterrence, injury prevention, disclosure, and health and safety rights. The tort system is presented as an essential dispute resolution mechanism that is not costly to the taxpayer as it makes the wrongdoer pay for injuries caused. Various allegations leveled against the tort system are discussed such as manufacturers need for uniformity in products liability law as they operate in interstate commerce and there has been an explosion in products liability lawsuits with excessive awards. The conclusion summarizes why products liability law is a deterrent as it makes manufacturers abide by community values rather than by marketplace economic incentives. 26 notes