Product Liability And Innovation

Author : National Academy of Engineering,Steering Committee on Product Liability and Innovation
Publisher : National Academies Press
Page : 214 pages
File Size : 48,8 Mb
Release : 1994-02-01
Category : Technology & Engineering
ISBN : 9780309051309

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Product Liability and Innovation by National Academy of Engineering,Steering Committee on Product Liability and Innovation Pdf

Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.

Author : United States. Congress. Senate. Committee on Small Business
Publisher : Unknown
Page : 88 pages
File Size : 40,5 Mb
Release : 1992
Category : Business & Economics
ISBN : STANFORD:36105006322312

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Hearing on Product Liability Laws and Their Impact on Small Business Innovation and Competitiveness by United States. Congress. Senate. Committee on Small Business Pdf

Author : G. L. Gittings,John W. Bagby
Publisher : Transportation Research Board
Page : 76 pages
File Size : 42,6 Mb
Release : 1998
Category : Highway engineering
ISBN : 0309068185

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Managing Product Liability to Achieve Highway Innovations by G. L. Gittings,John W. Bagby Pdf

This synthesis will be of interest to state Department of Transportation (DOT) engineers, legal counsel, researchers, and administrators; transportation product development engineers, equipment manufacturers, and engineering and product manufacturer associations; state, regional, and federal product testing and evaluation centers; and attorneys of law interested in tort liability as it applies to highway innovations. The synthesis describes the current state of the practice for managing product liability to achieve highway innovations. Information for the synthesis was collected by surveying and interviewing state transportation agencies and private transportation related organizations and by conducting a literature search. This report of the Transportation Research Board identifies and discusses specific tort and product liability problems and principles, the specific tort liability experience of public agencies in state DOTs, and the tort liability experience of private organizations involved in introducing new products to the highway market. In addition, details on the litigation risks of highway innovation, the perceptions and perspectives of public agency and private sector personnel, and the state-of-the-art methods to confront litigation risks are presented. Finally, methodological comparisons and a general tort and product liability overview are included in the appendices.

Author : Peter W. Huber,Robert E. Litan
Publisher : Brookings Institution Press
Page : 529 pages
File Size : 49,7 Mb
Release : 2010-12-01
Category : Business & Economics
ISBN : 9780815720188

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The Liability Maze by Peter W. Huber,Robert E. Litan Pdf

With an ever-increasing number of liability lawsuits, are corporations electing to play it safe rather than risk the uncertainties accompanying innovation? In The Liability Maze experts address the issues surrounding safety and innovation and present the most detailed and comprehensive study to date on the actual impact of U.S. liability law. In recent decades it has been widely assumed that liability laws promote safety by significantly raising the price companies must pay for negligence, product defects and accidents. More recently, others have suggested that the broad and unpredictable sweep of these laws actually deters innovation. The risks of lawsuits are so great that corporations are showing more caution in product innovation than ever before. The contributors focus on five sectors of the economy where the liability system appears to have had the greatest effects, positive or negative: the private aircraft, automobile, chemical, and pharmaceutical industries, and the medical profession. They suggest that in many sectors liability law has hampered innovation. In others it has stimulated safety improvements, although perhaps not so much as vigilant safety regulations.

Author : Michael J. Moore,iscusi, W. Kip, V
Publisher : Brookings Institution Press
Page : 62 pages
File Size : 43,5 Mb
Release : 2004-05-13
Category : Business & Economics
ISBN : 0815798792

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Product Liability Entering the Twenty-First Century by Michael J. Moore,iscusi, W. Kip, V Pdf

A Brookings Institution Press and American Enterprise Institute publication Are liability "crises" an inevitable part of the modern industrial landscape? Does the inherent nature of the insurance industry promote recurring liability crises? What have been the effects of the liability reforms of the 1990s? Should lawyers be given de facto regulatory authority? This report provides perspective on these and other key issues concerning the law and economics of products liability. The authors begins with a brief description of the evolution of products liability doctrine in the U.S., up to the point of the liability crisis of the late 1980s. They discuss the economic implications of product risk for both consumers and producers, offer economic hypothesis on the implications of the increased scope of liability and subsequent reforms, and provide an update of trends in litigation and liability law. The book ends with a discussion of pending legislation and prospects for further improvements. Moore and Viscusi make the point that effective liability policy calls for a balancing of the incentives for improved public safety on one hand, and the benefits of new and existing products on the other.

Author : W. Kip Viscusi
Publisher : Harvard University Press
Page : 296 pages
File Size : 41,5 Mb
Release : 1991
Category : Business & Economics
ISBN : 0674753232

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Reforming Products Liability by W. Kip Viscusi Pdf

Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.

Author : Steven Garber
Publisher : Rand Corporation
Page : 117 pages
File Size : 52,5 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780833079916

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Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals by Steven Garber Pdf

Liability effects on the economic performance of the pharmaceutical industry play a prominent role in the debate about the economic effects of product liability in the United States. The author analyzes incentive effects on company decisions, implications for economic outcomes such as drug safety and effectiveness, and suggests how public policy changes could mitigate liability-based sources of inefficient decisions of pharmaceutical companies.

Author : Alina Wernick
Publisher : Springer Nature
Page : 450 pages
File Size : 42,6 Mb
Release : 2021-05-13
Category : Law
ISBN : 9783030722579

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Mechanisms to Enable Follow-On Innovation by Alina Wernick Pdf

The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

Author : Peter W. Huber,Robert E. Litan
Publisher : Brookings Institution Press
Page : 0 pages
File Size : 46,7 Mb
Release : 1991
Category : Law
ISBN : 0815737610

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The Liability Maze by Peter W. Huber,Robert E. Litan Pdf

Discusses the effect of liability laws in the private aircraft, automobile, chemical, and pharmaceutical industries and the medical profession

Author : National Research Council,Institute of Medicine,Division of Health Promotion and Disease Prevention
Publisher : National Academies Press
Page : 223 pages
File Size : 50,7 Mb
Release : 1985-02-01
Category : Medical
ISBN : 9780309035446

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Vaccine Supply and Innovation by National Research Council,Institute of Medicine,Division of Health Promotion and Disease Prevention Pdf

The United States is facing a vaccine shortage that may threaten public health. This book examines vaccine research and development, production and supply, and utilization and offers recommendations aimed at ensuring vaccine supply and promoting innovation. In addition, this comprehensive volume provides information on the adverse reactions associated with the range of vaccines used in the United States and contains the most thorough analysis ever published on the state of the law regarding vaccine-related injury and compensation for vaccine injury.

Author : Lewis Bass
Publisher : Unknown
Page : 128 pages
File Size : 46,6 Mb
Release : 2008
Category : Products liability
ISBN : OCLC:48584381

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Products Liability by Lewis Bass Pdf

Author : Peter H. Schuck
Publisher : W. W. Norton
Page : 320 pages
File Size : 49,5 Mb
Release : 1991
Category : Liability (Law)
ISBN : 0393029271

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Tort Law and the Public Interest by Peter H. Schuck Pdf

Is it possible for the United States to sell innovative, competitive products, services, and technologies in the domestic and world markets of the 1990s without sacrificing consumer safety? Is tort law--especially product liability, medical malpractice, and corporate officer liability--performing its proper economic role? Is it encouraging safety, or discouraging innovation? Distinguished experts from the American Assembly answer these questions and more.

Author : Mark Herrmann,David B. Alden
Publisher : Oxford University Press
Page : 544 pages
File Size : 51,7 Mb
Release : 2011-12-21
Category : Law
ISBN : 9780199750245

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Drug and Device Product Liability Litigation Strategy by Mark Herrmann,David B. Alden Pdf

Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.

Author : Anonim
Publisher : Unknown
Page : 58 pages
File Size : 55,7 Mb
Release : 1997
Category : Liability (Law)
ISBN : 0642540136

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The Impact of Liability Law on Research and Innovation by Anonim Pdf

Author : United States. Congress. Senate. Committee on Small Business
Publisher : Unknown
Page : 84 pages
File Size : 43,8 Mb
Release : 1992
Category : Business & Economics
ISBN : PSU:000019822433

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Hearing on Product Liability Laws and Their Impact on Small Business Innovation and Competitiveness by United States. Congress. Senate. Committee on Small Business Pdf