About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/resttpl4307 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY § 1. Liability of Commercial Seller or Distributor for Harm Caused by Defective Products C.A.5, 2021. Cit. in disc., cit. in ftn. Family of decedent who was struck and killed by a United States Coast Guard vessel while she was swimming across a waterway near the border between the United States and Mexico sued, among others, manufacturers of the vessel and its engines, alleging claims sounding in defective design and failure to warn under theories of strict products liability and negligence. The district court granted summary judgment for manufacturers. Affirming, this court held, among other things, that decedent, as a causal bystander, lacked standing to bring maritime products- liability claims under Restatement Second of Torts § 402A. The court rejected family's argument in favor of adopting the Restatement Third of Torts: Products Liability, under which decedent potentially had standing, noting that it could not overrule prior precedent applying Restatement Second of Torts § 402A absent an intervening change in law. Ortega Garcia v. United States, 986 F.3d 513, 531, 532. N.Y.Sup.Ct.2020. Cit. in case quot. in disc. Consumer who purchased a wireless thermostat controller through a website operated by e-commerce business filed strict products-liability claims against business, after the thermostat caused a fire that damaged the property in which it had been installed. This court denied defendant's motion for summary judgment, holding that defendant was a seller and could be strictly liable for the alleged damages under Restatement Third of Torts: Products Liability § 1. The court reasoned that defendant fell into the category of retailers and distributors of allegedly defective products who, due to their continuing relationship with manufacturers, were usually in a position to exert pressure for the improved safety of products and could recover increased costs within their commercial dealings, or through contribution or indemnification litigation. State Farm Fire and Casualty Company v. Amazon.com Services, Inc., 137 N.Y.S.3d 884, 886. § 2. Categories of Product Defect C.A.5, 2021. Cit. in case cit. in ftn.; subsec. (b) cit. in sup.; subsec. (c) cit. in ftn. Family of decedent who was struck and killed by a United States Coast Guard vessel while she was swimming across a waterway near the border between the United States and Mexico sued, among others, manufacturers of the vessel and its engines, alleging claims sounding in defective design and failure to warn under theories of strict products liability and negligence. The district court granted summary judgment for manufacturers. Affirming, this court held, among other things, that decedent, as a causal bystander, lacked standing to bring maritime products-liability claims under Restatement Second of Torts § 402A. The court rejected family's argument in favor of adopting the Restatement Third of Torts: Products Liability, under which decedent potentially had standing, noting that it could not overrule prior precedent applying Restatement Second of Torts § 402A absent an intervening change in law. Ortega Garcia v. United States, 986 F.3d 513, 531, 532, 534. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most