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The Case Against Strict Liability
Schwartz, Alan
Schwartz, Alan
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Abstract
Only plaintiffs' lawyers like today's products liability law. Its rules, however, rest on assumptions about the behavior of consumers and markets that the legal community generally accepts. The law will not change substantially as long as these assumptions are retained. This Article shows that the foundational assumptions are either false or not sustainable on the evidence. Such a showing is a necessary prelude to serious reform.