An introduction to the product liability debate

Abstract

No other field of consumer law has been subjected to such a heated debate as product liability. Unfortunately, the main feature of the debate is rhetorical overload. A surprisingly great amount of misleading and even false information has been put forward. Such a number of unsubstantiatable "horror stories" has been circulated in such ways that it may be hard not to get the impression that it is done by purpose, not by mistake, the purpose being to alleviate or forestall any product liability caused financial burden on industry through the injection of a false atmosphere of panic into the commercial and political scene. On this background the paper contains a rather general outline of product liability law - the law as it stands today and some proposals for reform - in Europe and in the U.S.A. in connection with a basic comparative analysis of differences and similarities. The paper gives nothing more than an overview. For instance, it does not define, analyze, or discuss the consumer policy aspects of product liability. © 1979 D. Reidel Publishing Company.