This year's volume of the
Comparative Law Yearbook of International
Business deals with the subject of product liability law. This is a
growing area in which manufacturers and supplies are finding themselves more
and more responsible for the quality of their products and for the
consequences flowing from any defect therein. This book discusses a wide
variety of topics which come under the umbrella of product liability, ranging
from liability for injuries caused by the use of asbestos and other toxic
substances to the responsibility of air carriers in hijack situations. There
is a growing amount of litigation throughout the world tackling the problems
arising from the safety of products. These laws take into account te
manufacturing process, the transportation, storage and delivery of goods, the
intended use of products, their fitness for such purpose, and any warnings or
instructions as to use given to consumers and end users.
This publication also covers the question of jurisdiction in product-related
litigation, particulary in crossborder transactions. In many instances, a
plaintiff will attempt to bring his action in the United States due to the
large amount of damages, especially punitive damages, awarded there by juries
in civil actions. Defendants, on the other hand, seek to counter this by
raising issues such forum non conveniens. There also is the question of
state versus federal jurisdiction within the United States, as well as a
discussion focusing on the possible growth of federalism within the European
Union and its impact upon product liability nationally and at a European level.
A comparison of the divergent cultural attitudes towards property in China and
the United States, including the different emphases placed upon the ownership
and role of property in society, demonstrates the different views of product
liability. Another aspect of defective goods dealt with here is liability for
the recall of a dangerous product. There is a chain of responsibility
stretching from the manufacturer, trough various levels of suppliers, to the
final retailer of goods, which is obviously important when attempting to
remove dangerous products from the market as quickly as possible before they
can cause widespread injury to consumers. This has been shown to be
particularly relevant in cases involving automobiles and food products.
Overall, therefore, product liability law is a vital part of the general law
protecting consumers, both on a national and international basis, which makes
this book a very interesting and useful read for anyone involved in this area.
Product Liability in Argentina: ten years of the Consumer Protection Law
Lisandro A. Allende & Enrique Schinelli Casares The Italian Product
Liability Experience
Sara Biglieri, Andrea Pupeschi & Christian Di Mauro
Consumer Protection in Turkey
S. Murat Celikten Foreign Product
Liability Actions in United States Courts
J.K. Hetrick & Gregg T. Nunziata
Federalism in American Product Liability Law: Do Similar Problems Lie Ahead
for the European Unio?
Jonathan M. Hoffman Recent Developments
Regarding American Personal Injury Law
Sheldon Karasik Air Carriers’
Liability for Passengers Injuries Resulting from Hijackings
D. Bradley
Kizzia Siting Transnational Claims in United States Courts
Regina
LaPolla Product Liability under French Law
Vonnick le Guillou & Marie
Bresson Suppliers’ Vicarious Liability for Defective Products in Danish
and European Law
Georg Lett & Kristine Lilholt Nilsson Product
Liability in Brazil
Sérgio Pinheiro Marçal & Viviana de Castilho Barbosa
Civil Liability for Defective Products in Spain
Miguel Torres Mingot
Comparative Analysis of Key Aspects of product Liability Law in China and the
United States
Will W. Shen & Iris H.Y. Chiu Product Liability Law
and Shareholder Value Creation
George J. Siedel Overview of Product
Liability in Argentina
Luis E. Sprovieri Recall and Reimbursement of
Related Costs in International Commerce
Christian Thomas Stempfle
Aviation and Product Liability Cases in the United States
Gerald C. Sterns
Index
