The Impact of Liability for Enhanced Injury

The author discusses the recent imposition of a duty on automobile manufacturers to design a product that is crashworthy. He concludes that the courts will use a balancing test to determine the scope of that duty, and discusses the application of this test. Various attendant problems, such as the seat belt defense and the relevance of uniform federal safety standards, are also considered

Product Liability in Maryland Revisited

The author discusses and compares the various theories of recovery available in a product liability case. He concludes that merger of the various theories into a single basic product cause of action might be procedurally beneficial. Various defenses available in product litigation, as well as procedures for invoking indemnity and contribution, are also discussed

Product Liability in Maryland Revisited

The author discusses and compares the various theories of recovery available in a product liability case. He concludes that merger of the various theories into a single basic product cause of action might be procedurally beneficial. Various defenses available in product litigation, as well as procedures for invoking indemnity and contribution, are also discussed

Choice of Law in Product Liability Actions: Order for the Practitioner in a Reign of Chaos

The law on choice of law in the various states and in the federal courts is a veritable jungle, which, if the law can be found out, leads not to a rule of action but a reign of chaos dominated in each case by the judge\u27s informed guess as to what some other state than the one in which he sits would hold its law to be. Products move today in streams of commerce which cross state, and often international, boundaries. When litigation concerning the liability for injury or damage caused by these products follows, choice of law plays a crucial role in determining the rights, remedies, and defenses available to the parties. In this article, the authors identify the issues which plaintiffs and defendants should consider in multi-jurisdictional product liability actions and set forth the basic rules for tort and contract choice of law

Product Liability in Maryland: Traditional and Emerging Theories of Recovery and Defense

In recent years, product liability law in Maryland and across the country has placed greater responsibility on the manufacturers of products causing injury. In this article, the authors review the traditional theories of manufacturer liability and discuss the novel theories being advanced to expand that liability. Also considered are the defenses available to manufacturers, both traditional and emerging. The authors conclude with the prognosis that because the pendulum has swung so far in the direction of placing greater responsibility on manufacturers, further expansion of manufacturer liability is both unlikely and inappropriate

The Impact of Liability for Enhanced Injury

The author discusses the recent imposition of a duty on automobile manufacturers to design a product that is crashworthy. He concludes that the courts will use a balancing test to determine the scope of that duty, and discusses the application of this test. Various attendant problems, such as the seat belt defense and the relevance of uniform federal safety standards, are also considered

Choice of Law in Product Liability Actions: Order for the Practitioner in a Reign of Chaos

The law on choice of law in the various states and in the federal courts is a veritable jungle, which, if the law can be found out, leads not to a rule of action but a reign of chaos dominated in each case by the judge\u27s informed guess as to what some other state than the one in which he sits would hold its law to be. Products move today in streams of commerce which cross state, and often international, boundaries. When litigation concerning the liability for injury or damage caused by these products follows, choice of law plays a crucial role in determining the rights, remedies, and defenses available to the parties. In this article, the authors identify the issues which plaintiffs and defendants should consider in multi-jurisdictional product liability actions and set forth the basic rules for tort and contract choice of law