Part I of this Note will briefly outline Community policy on product liability as detailed by the Product Liability Directive, then review the development of product liability law in various Member States of the European Community. Part II will analyze how the concept of state-of-the-art highlighted tensions between a strict liability regime and a negligence regime in U.S. product liability. It will then review similar discord in the European Community caused by the development risk defense. Finally, Part III of this Note will argue that in contrast to the United States, the European Community has thus far chosen to stay true to the strict product liability label in its implementation of the development risk defense.
Two Roads Diverged in a Yellow Wood: The European Community Stays on the Path to Strict Liability,
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Available at: http://ir.lawnet.fordham.edu/ilj/vol27/iss6/4