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Product Liability: A U.S. View

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Language:  English
Product Liability, A U.S. View, presents an overview of the development of product liability law in the United States, written particularly for the paralegal, pre-law, and criminal justice student.
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Product Liability, A U.S. View, is written by Nancy Caine Harbour, J.D., an experienced U.S. trial attorney and professor of paralegal studies. The book is an overview of the history and development of product liability law in the United States with the paralegal student in mind. It includes real life litigation situations, based on the author’s own experiences in the courtroom for almost three decades. The text is written in plain English and discusses key court decisions that drove the growth of product liability law from the 1900’s to today’s cases about toxic torts and ignition switches. The discussion and study questions in each chapter make this book an excellent study tool for paralegal students and those engaged in pre-law and criminal justice studies.

  1. What is Product Liability Law in the U.S.?
    1. An Introduction and Clarifying Definitions
    2. Product Liability Law: A Brief History
    3. Summary
    4. Key Terms
    5. Chapter Discussion Questions
    6. Test Your Learning
  2. Legal Theories of Recovery in Product Liability: Negligence
    1. The Negligence Theory
  3. Legal Theories of Recovery in Product Liability: Breach of Warranties
    1. The Express Warranty Theory
    2. The Implied Warranty Theory
    3. Summary
    4. Key Terms
    5. Chapter Discussion Questions
    6. Test Your Learning
  4. Legal Theories of Recovery in Product Liability: Strict Liability
    1. The Strict Liability Theory
    2. Summary
    3. Key Terms
    4. Chapter Discussion Questions
    5. Test Your Learning
  5. Legal Theories of Recovery in Product Liability: Misrepresentation
    1. Intentional Misrepresentation
    2. Negligent Misrepresentation
    3. Innocent Misrepresentation
    4. Puffing
    5. Summary
    6. Key Terms
    7. Chapter Discussion Questions
    8. Test Your Learning
  6. Defenses to Product Liability Lawsuits
    1. The Comparative Negligence Defense
    2. The Assumption of Risk Defense
    3. The State-of-the Art Defense
    4. The Statute of Limitations Defense
    5. Summary
    6. Key Terms
    7. Chapter Discussion Questions
    8. Test Your Learning
  7. U.S. Product Liability Law Today
    1. A Summary: From the Elimination of Privity to Mass-Tort Litigation
    2. Mass Tort Litigation
    3. Tort Reform
    4. Summary
    5. Key Terms
    6. Chapter Discussion Questions
    7. Test Your Learning
  8. Appendix A
    1. Test Your Learning
  9. Endnotes
A very good overview of the state of the law in this area. Well written. Interesting with pertinent cases highlighted to help explain the theories.
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About the Author

Nancy Caine Harbour

Nancy Caine Harbour, J.D., received her Juris Doctor Degree from the John Marshall College of Law at The Cleveland State University in 1978 and her B.A. Degree in Journalism, magna cum laude, from the University of Detroit in 1970. She is currently the Program Coordinator and a Professor in the Paralegal Studies Degree Program at Eastern Michigan University. She received the Outstanding Teaching Award in 2013 from Eastern Michigan University. Prior to teaching, Professor Harbour was a civil trial attorney for 28 years. Her legal practice focused on product liability cases. She tried cases in both the state and federal courts of the United States and was recognized as a preeminent trial attorney by her trial attorney colleagues.