Liability for Products in a Global Economy

Front Cover
Dennis Campbell, Susan Woodley
Kluwer Law International B.V., 2005 M01 1 - 445 pages
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.

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Contents

Ten Years of the Consumer Protection Law
1
The Italian Product Liability Experience
13
Consumer Protection in Turkey
35
Foreign Product Liability Actions in United States Courts
59
Do Similar Problems Lie Ahead for the European Union?
73
Recent Developments Regarding American Personal Injury Law
95
Air Carriers Liability for Passenger Injuries Resulting from Hijackings
151
Siting Transnational Claims in United States Courts
207
Product Liability in Brazil
263
Civil Liability for Defective Products in Spain
279
Comparative Analysis of Key Aspects of Product Liability Law in China and the United States
311
Product Liability Law and Shareholder Value Creation
369
Overview of Product Liability in Argentina
385
Recall and Reimbursement of Related Costs in International Commerce
401
Aviation and Product Liability Cases in the United States
421
Index
437

Product Liability under French Law
241
Suppliers Vicarious Liability for Defective Products in Danish and European Law
253

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