Products Liability and Innovation. Was: Re: Traceable Infrastructure is as vulnerable as traceable messages.

Jim Choate ravage at einstein.ssz.com
Mon Aug 13 14:54:14 PDT 2001



On Mon, 13 Aug 2001, Black Unicorn wrote:

> I think 30+ years of active products liability jurisprudence might disagree
> with you.  Just in the automotive world and off the top of my head:  Automatic
> Breaking Systems, designed failure points (crumple zones), 6mph bumpers,
> "safety glass," shoulder belts, passive belts, air bags and a host of other
> technologies or innovations that may or may not have been developed "but for"
> litigation are most probably the result of strict liability in products
> liability cases.

Actually almost every one of these examples were DEVELOPED either 'out of
the blue' by the industry or by the 'off-road/racing' groups, not by any
factor related to litigation (though their ACCEPTANCE in the regular
consumer market was - thought those are not the same beaties by a long
shot). Most definitely these were NOT in responce to litigation.

ABS - Road racing cars (ala Le Mans)
Crumple Zones - Indy style racing and aircraft
Safety Glass - invented in the 20's, in responce to accidents not lawyers
Shoulder/passive belts - racing since the turn of the century

Bumpers and air bags being the primary exception in your examples.


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