The History of Products Liability

Article by Francis J. O'Brien

It can truly be said that in this century, the legal area encompassed by the generic phrase ‘products liability’ represents one of the most rapid and expansive developments of law that has ever occurred in the field of tort. Indeed, a leading commentator in the area, Dean Prosser, refers to the developments over the past quarter of a century as the most spectacular overturn in established rules that has ever occurred in the entire history of the law of torts.

It is my happy function to pass upon the history of this outbreak—especially as it occurred in admiralty. This is a relatively simple task since it can easily be said that in this area maritime law has stayed largely locked in step with its landbased counterparts.


About the Author

Francis J. O'Brien. LL.B. Fordham University, 1950; Partner, Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City; President, Maritime Law Association.

Citation

62 Tul. L. Rev. 313 (1988)