Download Product Liability (Point Counterpoint) by Victoria Sherrow PDF

By Victoria Sherrow

Every one ebook during this sequence bargains the entire statutes, criminal critiques, and reports scholars have to constitution a cohesive argument on a given arguable subject. concerns are awarded from a number of issues of view; sidebars cite legislation and reviews to assist in severe research; appendixes aid scholars behavior felony examine; and, all assets are totally documented.

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Extra resources for Product Liability (Point Counterpoint)

Sample text

Statistics dispute that conclusion. In fact, some studies show that judges are more likely than juries to rule in favor of the plaintiff. S. 5 Even within a state’s borders, problems can occur when legislators assume too much power over the courts. In Ohio, for example, the legislature tried to change the rules applying to evidence and judicial procedure in tort cases. The state constitution assigns that role exclusively to the Ohio Supreme Court, which struck down this legislation. ”6 Numerous court challenges would likely take place if Congress passed a federal law that aimed to replace state laws or put too many restrictions on juries.

A federal standard in the United States could set a specific and reasonable amount of time. In the absence of a uniform law, states have passed their own statutes of repose and statues of limitation for filing product liability suits. Illinois, for example, set a 12-year limit. ”10 The unpredictable nature of product liability has serious consequences. Businesses may be forced to defend lawsuits in different ways in different courts if the product in question is Federal Liability Laws Are Needed mass-produced and marketed throughout the country.

The Founding Fathers understood the need for diverse approaches and the vibrant development of the law throughout the nation. S. Supreme Court also has avoided making rigid rules that all courts must use for product liability cases. Instead, the Court has recognized state and judicial sovereignty because democracy must continue to thrive at the local level. POINT Strict Liability Standards Cause Economic Problems P roduct laws have evolved to the extent that manufacturers increasingly face liability regardless of fault or negligence.

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