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Article
When Sellers of "Safe" Products Turn Ostrich in Relation to Dangerous Post-Sale Components
Southwestern University Law Review (2009)
  • Alani Golanski
Abstract
This article tackles a products liability issue that is currently raging in litigations nationwide, especially in the asbestos context. Although tort reform attempts to preclude the seller's liability for dangerous post-sale components under the no-duty-to-rescue doctrine, that effort is misguided, and ignores legal doctrine and marketplace realities. Fairness and efficiency policy factors also warrant the imposition of failure-to-warn liability upon product sellers who implicitly or explicitly endorse (via foreseeability in a financially advantageous context, or actual inclusion of the later-replaced dangerous parts) ultrahazardous post-sale component parts.
Keywords
  • products liability,
  • component parts,
  • asbestos,
  • efficiency,
  • toxic torts,
  • James A. Henderson,
  • tort reform
Disciplines
Publication Date
Fall 2009
Citation Information
Alani Golanski, When Sellers of "Safe" Products Turn Ostrich in Relation to Dangerous Post-Sale Components, 39 Southwestern U. L. Rev. 69 (2009)