This paper presents a largely positive analysis of products liability law, in the sense that it aims to predict the incentive effects and the welfare consequences of the law, with close regard to its specific legal tests and the real-world constraints that impinge on these tests. The other major...

The concept of strict liability has important theoretical significance but almost no analytical or doctrinal traction. In fact, at least in the realm of abnormally dangerous activities, the function of quot;strict liabilityquot; should be, and is being, replaced by an analysis that examines the...

Punitive damages have been around for centuries in classic one-on-one tort actions and are here to stay. Mass torts, of more recent origin and not without difficulties, have matured to the point that this article is comfortable referring to most of them as traditional. Notwithstanding the...

Despite the fact that discussions of liability for defective software go back more than forty years, there is no clear consensus on what theory governs liability for damage caused by "connected devices" (or the "Internet of Things"). However, the proliferation of IoT devices may be the catalyst...

Torts have names for a reason. A tort without a name would very nearly be a contradiction in terms, because it would not describe itself. But torts do not always get names immediately upon birth. Typically, it takes some time to recognize what they are, because they are in search of an identity...

With the growing economic and societal importance of online platforms, the question of their liability for illegal content or products they host becomes more important. Based on an analysis of platforms' incentives, we address the appropriate liability rule for hosting service providers and...

What is product or products liability? Simply, it means liability for harm caused by a product. But this is where the American consensus ends and the legal fun begins. Whose liability? The manufacturer's? The carrier's? The seller's? Can one successfully sue the" mom and pop" bicycle shop that...

Strict liability for ultra-hazardous activities is entirely different from strict products liability. Since strict liability has been applied to so-called dangerous or ultra-hazardous activities, the application has been limited to instances where the defendant has, for his own purpose, created...

This Article argues that the liability framework governing securities trading is unable to effectively deter and compensate harms in algorithmic markets. Theory underscores the significance of robust laws to safeguard information flows and the trading process. Without this assurance, investors...