Study Of The U.s. System Of Strict Product Liability

By the way of historical study and from the perspective of the occurrence, development and change of strict product liability in United States, the author analyses the true reasons of occurrence and continuous development of strict product liability and the reasonableness of the existence of strict product liability. On the base of this analysis, the author then tries to uncover the reasons and inevitability behind the big change of strict product liability.This thesis is composed of three chapters, except the introduction and conclusion.Chapter 1 focuses on the establishment of strict product liability in United States. The author reviews three different principles of imputation of liability in products liability before the occurrence of strict liability and analyses the advantages and disadvantages of that three principles; Then, based on a series of typical cases, the author introduces the procedure of proposing, establishing and enacting strict product liability and briefly presents the confusion of its application in the early stage.Chapter 2 discusses the development and change of strict product liability in United States. First, the author introduces the tendency of becoming extreme strict of strict product liability after being established in United States; second, the author presents the background of change in strict product liability; last, based on the promulgation of Restatement of the Law Third Torts: Product Liability (hereinafter referred to as "Third Restatement"), the author introduces the results of the big change.Chapter 3 makes a rational survey of strict product liability in United States. In this chapter, the author analyses in detail the reasons of occurrence, the rationality of existence, and the inevitability and reasonableness of rational regression of strict product liability in United States. In the author's opinion, strict product liability still has important status in the realm of product liability in United States, because the values that strict product liability reflects are still indispensable in modern society; the change of strict product liability is just a procedure of self-adaptation, which fills the deficiencies of strict product liability, and finally the strict product liability in United States achieves rational regression.