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Choice of Law$
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Symeon C. Symeonides

Print publication date: 2016

Print ISBN-13: 9780190496722

Published to Oxford Scholarship Online: June 2016

DOI: 10.1093/acprof:oso/9780190496722.001.0001

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Products Liability

Products Liability

Chapter:
(p.273) Nine Products Liability
Source:
Choice of Law
Author(s):

Symeon C. Symeonides

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190496722.003.0009

This chapter reviews the decisions of American courts in resolving product liability conflicts over the last 25 years. It classifies cases into fact-law patterns depending on the parties’ contacts with the involved states and the content of their respective laws, and examines the results courts reached in each pattern, regardless of choice-of-law methodology. The chapter concludes that, unlike in other tort conflicts, decisional patterns in product-liability conflicts are not sufficiently uniform to be recast into predictive rules, and that a court’s choice is more likely to be based on the quantity of the involved states’ contacts rather than on other factors, including methodology.

Keywords:   products liability, product liability conflicts, punitive damages, forum shopping, faevor laesi tort conflicts

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