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