Product Liability Reform Act: Hearings Before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, Second Session, on S. 2760 ... September 9 and 10, 1986, 第 4 卷

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U.S. Government Printing Office, 1987 - 684 頁

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第 369 頁 - A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.
第 348 頁 - Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
第 353 頁 - I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future but by the past.
第 122 頁 - It is one of the happy incidents of the Federal system that a single courageous State may, if its citizens choose, serve as a laboratory, ind try novel social and economic experiments without risk to the rest of the country.
第 347 頁 - ... (a) knows or has reason to know that the chattel is or is likely to be dangerous for the use for which it is supplied, and (b) has no reason to believe that those for whose use the chattel is supplied will realize its dangerous condition, and (c) fails to exercise reasonable care to inform them of its dangerous condition or of the facts which make it likely to be...
第 347 頁 - ... harm caused to them by its lawful use in a manner and for a purpose for which it is supplied. 26. Restatement (Second) of Torts §398 provides: A manufacturer of a chattel made under a plan or design which makes it dangerous for the uses for which it is manufactured...
第 302 頁 - ... litigation explosion in state trial courts during the 1981-84 time period." (Emphasis ours.) "The often-cited litigation explosion thus appears to be exaggerated with respect to the total number of civil filings during the period of 1981-84.
第 122 頁 - It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
第 132 頁 - MAINE $300.000 cap per occurrence where immunity is waived. MINNESOTA Generally, joint and several liability, but if plaintiff's negligence is greater than that of any of several defendants, plaintiff cannot recover at all from that defendant. NEVADA Generally, joint and several liability except that a defendant who is less at fault than the plaintiff is liable only for that portion of the judgment which represents the percentage of negligence attributable to him.
第 100 頁 - NAM member companies employe 85% of all workers in manufacturing and produce over 80% of the nation's manufactured goods. NAM is affiliated with an additional 158,000 businesses through its Associations Council and the National Industrial Council.

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