Abstract

This article charts the changes of American products liability laws. It examines such topics as implied warranty of merchantability, prima facie case and affirmative defense, as well as the Second and Third Restatements, defining in the process such terms as defect, proximate cause, foreseeability, and the role of plaintiff conduct. Actual liability cases are used to illustrate the discussion.

Keywords: Negligence; Warranty; Machinability; Contract advantages; Second reinstatement; Third reinstatement; Affirmative defense; Defect; Foreseeability