State courts since the 1950s have radically expanded plaintiffs’ tort recovery

Evidence

These rules have changed dramatically since the 1950s. State appellate courts have transformed the standards for determining liability, abolished longstanding immunities from suits, and reduced or eliminated many other barriers that plaintiffs faced in recovering damages for injuries they have suffered. Particularly controversial have been state courts’ innovations relating to product liability—that is, the responsibility of manufacturers or sellers for injuries suffered by consumers of their products. Some commentators insist these rulings have enhanced the safety of consumers by raising the costs that businesses pay for accidents, negligence, and poorly designed products. These higher costs, they argue, give businesses an incentive to remove dangerous items from the market and to develop safer products. However, other commentators claim that the nation’s tort law system hinders innovation and reduces the competitiveness of U.S. firms without increasing safety. — G. Alan Tarr, Judicial Process and Judicial…, 3399

Categorization

• DEFINE: Defines product liability as manufacturers’ responsibility for consumer injuries.
• XREF: connects to: State courts protect rights the federal Constitution does not guarantee — G. Alan Tarr, Judicial Process and Judicial…, 3371