War on the Common Law: The Struggle at the Center of Products Liability

Abstract

Over its first two decades, products liability evolved from a system concerned only with manufacturing defects, e.g., MacPherson\u27s Buick into one concerned also with design defects, e.g., the Ford Pinto, which was designed in a fashion that made the gas tank susceptible to exploding in minor collisions. Part I of this Article deals with the two paradigms that lie at the center of the struggle. Part II of the Article is devoted to generic liability. Part III discusses important jurisprudential questions raised by the debate, namely: What are the respective roles of the courts, the legislature, and administrative agencies