Constricting Products Liability: Reforms in Theory and Procedure

  title={Constricting Products Liability: Reforms in Theory and Procedure},
  author={Frank J. Vandall},
  journal={Villanova law review},
"Constricting Products Liability" argues that expansive reforms, in theory and procedure, make it impractical for an attorney to take a small products liability case. Several defenses are examined as are the impact of the discovery process and Daubert. The role of the Restatement (Third) Products Liability and the present state of design defect, warnings, and preemption are also considered. Possible solutions are evaluated. 



The New York Court of Appeals held that no duty runs from the gun manufacturers to the victims

  • 2001

They failed to instruct Ronald McGtire, his family and friends to encourage him to seek help at the first symptoms of alcoholism

    Alcohol inhibits medical treatment

      Alcohol compromises the immune system

        See id. at 850 (noting that although some dangers are known, extent of associated diseases are not "commonly known

          pointing to success of Georgia's multifaceted tort reforms); see also Mark Curriden

          • There never was a demonstrated need for these retrenchments and reforms. See Thomas A. Eaton & Susette M. Talarico

          supra note 190, at 347 (intending small claims court to be solution which created greater access to court system)

            Alcohol is toxic to tissues of the stomach, liver and heart

              Alcohol causes diseases of the stomach and duodenum