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2009•Business Law ReviewRequires access

Product Liability Law: From Negligence to Strict Liability in the US

Jerry Kirkpatrick

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Abstract

This article traces the twentieth–century shift in product liability law from negligence theory to strict liability and analyzes the philosophical ideas underlying and causing the shift. The author argues and concludes that the shift is part of the 150–year cultural trend away from philosophical individualism to philosophical collectivism, specifically of the egalitarian, not Marxian, form.

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What this paper is about

This article traces the twentieth–century shift in product liability law from negligence theory to strict liability and analyzes the philosophical ideas underlying and causing the shift. The author argues and concludes that the shift is part of the 150–year cultural trend away from philosophical individualism to philosophical collectivism, specifically of the egalitarian, not Marxian, form.

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OpenAlex reports 2 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

This article traces the twentieth–century shift in product liability law from negligence theory to strict liability and analyzes the philosophical ideas underlying and causing the shift. The author argues and concludes that the shift is part of the 150–year cultural trend away from philosophical individualism to philosophical collectivism, specifically of the egalitarian, not Marxian, form.

Key concepts: Product liability, Liability, Strict liability, Collectivism, Individualism, Product (mathematics), Law, Res ipsa loquitur

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