Portal:Supreme Court of the United States

Summary

Portal:Supreme Court of the United States Air and Liquid Systems Corp., et al… (2019)

Would a manufacturer of flashlights have to warn about the risks associated with leaking batteries? Would a seller of hot dog buns have to warn about the health risks of consuming processed meat? Just the threat of litigation and liability would force many manufacturers of safe products to spend time and money educating themselves and writing warnings about the dangers of other people’s more dangerous products. All this would, as well, threaten to leave consumers worse off.
Source: Wikisource

Portal:Supreme Court of the United States Air and Liquid Systems Corp., et al… (2019)

Today, the Court rightly rejects this “foreseeability” standard, succinctly explaining that “ [r] equiring a product manufacturer to imagine and warn about all of those possible uses–with massive liability looming for failure to correctly predict how its product might be used with other products or parts–would impose a difficult and costly burden on manufacturers, while simultaneously overwarning users.”
Source: Wikisource

Portal:Supreme Court of the United States Air and Liquid Systems Corp., et al… (2019)

More than that, the traditional common law rule still makes the most sense today. The manufacturer of a product is in the best position to understand and warn users about its risks; in the language of law and economics, those who make products are generally the least-cost avoiders of their risks. By placing the duty to warn on a product’s manufacturer, we force it to internalize the full cost of any injuries caused by inadequate warnings–and in that way ensure it is fully incentivized to provide adequate warnings.
Source: Wikisource

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