"Unmasking the Test for Design Defect: From Negligence [to Warranty] to" by Sheila L. Birnbaum

Article Title

Unmasking the Test for Design Defect: From Negligence [to Warranty] to Strict Liability to Negligence

Authors

First Page

593

Abstract

This Article will consider the problems engendered by imprecise judicial analysis of the notion of design defect. The central issues informing this investigation are as follows: (1) Can the notion of manufacturer fault or negligence be rationally eliminated in a design defect case? and (2) Should the term "unreasonably dangerous" be retained in the definition of defect in a design case, and if so, how should it be defined?

Recommended Citation

Sheila L. Birnbaum, Unmasking the Test for Design Defect: From Negligence [to Warranty] to Strict Liability to Negligence, 33 Vanderbilt Law Review 593 (1980)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol33/iss3/3

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