On The Theory Of Design Flaws In The U.s. Product Liability Laws

Based on the evolution of the American products liability law, and the analysis of the provisions of the two restatements of tort law as well as the legal cases, this thesis has concluded the fundamental contents of the Design defect theory, with a view to provide positive references for the perfection of the legislation and judicature in this field in our country. There are four parts in this thesis except the introduction and epilogue.The first part introduces the concept of defect in the American products liability law, and points out that there are three types of products defect: manufacture defect, design defect and warning defect, then analyze the relation between design defect and warning defect, in the end, makes detailed introduction of design defect which is the main content of this thesis.The second part discusses the standard of design defect, and explains the two main standards in the contemporary American products liability law: Consumer expectations and risk-utility, then makes comparison of these two standards.The third part concludes the theory of liability from three aspects: principles of liability, causation and defensive cause. Firstly, it analyze the principle of liability in the field of design defect, and points out that negligence and strict liability are co-existing in American law; Secondly, it concludes that the causation are not unique under different principles and standards; thirdly, it introduces the two types of defensive causes: causes of the products and causes of the victim. Besides, in some special context, the identification of the liability body can also be seen as the defensive causes.The fourth part concludes the principles and ranges of the damages, which constitute the theory of damages of design defect. Moreover, it also gives descriptions of some mechanism innovation in this area.