This year's volume of the "Comparative Law Yearbook of
International Business" deals with the subject of Product Liability
Law. This is a growing area, in which, manufacturers and suppliers
are finding themselves more and more responsible for the quality of
their products and for the consequences flowing from any defect
therein. This book discusses a wide variety of topics, which come
under the umbrella of product liability, ranging from liability for
injuries caused by the use of asbestos and other toxic substances
to the responsibility of air carriers in hijack situations. There
is a growing amount of litigation throughout the world tackling the
problems arising from the safety of products. These laws take into
account the manufacturing process, the transportation, storage and
delivery of goods, the intended use of products, their fitness for
such purpose, and any warnings or instructions as to use given to
consumers and end users. This publication also covers the question
of jurisdiction in product-related litigation, particularly in
crossborder transactions. In many instances, a plaintiff will
attempt to bring his action in the United States, due to the large
amount of damages, especially punitive damages, awarded there by
juries in civil actions. Defendants, on the other hand, seek to
counter this by raising issues such forum non conveniens. There
also is the question of state versus federal jurisdiction within
the United States, as well as a discussion focusing on the possible
growth of federalism within the European Union and its impact upon
product liability nationally and at a European level. A comparison
of the divergent cultural attitudes towards property in China and
the United States, including the different emphases placed upon the
ownership and role of property in society, demonstrates the
different views of product liability. Another aspect of defective
goods dealt with here is liability for the recall of a dangerous
product. There is a chain of responsibility stretching from the
manufacturer, trough various levels of suppliers, to the final
retailer of goods, which is obviously important when attempting to
remove dangerous products from the market as quickly as possible,
before they can cause widespread injury to consumers. This has been
shown to be particularly relevant in cases involving automobiles
and food products. Overall, therefore, Product Liability Law is a
vital part of the general law protecting consumers, both on a
national and international basis, which makes this book a very
interesting and useful read for anyone involved in this area.
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