Suchergebnisse

This paper presents an analysis of the changing impact of products liability risk on various individuals, firms, and institutions in today's society. After defining products liability and products liability risk, the pendulum-like evolu tion of products liability law is documented. Then an analysis of some of the most important factors responsible for the recent increases in the frequency and severity of products liability litigation is presented. Several of these elements have appar ently combined to produce a synergistic increase in products- related lawsuits. These elements include recent development in the law of products liability, together with a newly emerging products claim consciousness, public concerns about product safety, and the plethora of old and new products in use today. Finally, the paper concludes with an analysis of the potential impact of enacting one or more of the many proposed solutions to the problem of products liability risk.

The Washington Legislature in its 1981 session enacted Senate bill 3158,1 the Tort and Product Liability Reform Act, a comprehensive change in product liability and tort law in the State of Washington. This change, perhaps the most sweeping legislative involvement in Washington tort law in this century, was accomplished after many years of extremely bitter political conflict over product liability and tort reform; Senate bill 3158, however, passed the legislature with little of the acrimony previ- ously associated with the issue. This article explores the involve- ment of the legislature in product liability and tort reform his- torically, reviews the legislative history of Senate bill 3158, and discusses the relationship of the changes contained in the Act to the present law of the State of Washington.

The development of the law of products liability is historically related to industrial growth, business and economic expansion, and the growing demand over the years for consumer protection. As the industrial system has come of age and man has begun to make excursions into outer space, the ancient principle of caveat emptor-"let the buyer beware" has been significantly changed in favor of the consumer. As we emerged from the ancient mercantile society, where the seller and buyer usually met and bargained, to an impersonal market characterized by corporate organization, industrial and technological advancement and complexity, and sophisticated marketing and finance, the law changed in response to the new circumstances. Although the shift from caveat emptor to the promulgation of judicial and legislative rules, safeguards and standards, enlarging the legal rights of the buyer and consumer, came slowly and irregularly in the United States, greater strides have been made in the development of products liability law in the last decade than were made in the entire preceding century. This greater advance can be accounted for by the scientific and economic explosion following World War II and by the greater concern and emphasis being placed on human loss and injury resulting from defective products than on commercial loss suffered by the buyer.