Constricting Products Liability: Reforms in Theory and Procedure

Abstract

"Constricting Products Liability" argues that expansive reforms, in theory and procedure, make it impractical for an attorney to take a small products liability case. Several defenses are examined as are the impact of the discovery process and Daubert. The role of the Restatement (Third) Products Liability and the present state of design defect, warnings, and preemption are also considered. Possible solutions are evaluated.

Keywords: tort reform, discovery, procedure, defenses, Daubert, Restatement (Third) Section 7 2b, design defect, warnings, preemption, legislation