Prosser and Strict Products Liability
Prosser became closely associated with the doctrine of strict liability for products injuries. His first edition of Prosser on Torts in 1941 argued that strict products liability was developing in American law, and predicted that it would be the law of the future. By the time his influential article The Assault on the Citadel (Strict Liability to the Consumer) was published in 1960, the New Jersey Supreme Court fulfilled his prediction, holding in Henningsen v. Bloomfield Motors that manufacturers implicitly warrantied their products against personal injury to all users. As Reporter for the Second Restatement of Torts, he helped codify strict products liability in the Restatement's Section 402A.
In the early 1940s, Prosser prepared the Comments and Notes to the predecessor of the Uniform Commercial Code: Commercial Code, Tentative Draft No. 1 – Article III. His work was limited to sections 1–51 of Article III, which focused primarliy on commercial paper.
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Famous quotes containing the words strict and/or products:
“In a universe that is all gradations of matter, from gross to fine to finer, so that we end up with everything we are composed of in a lattice, a grid, a mesh, a mist, where particles or movements so small we cannot observe them are held in a strict and accurate web, that is nevertheless nonexistent to the eyes we use for ordinary living—in this system of fine and finer, where then is the substance of a thought?”
—Doris Lessing (b. 1919)
“The reality is that zero defects in products plus zero pollution plus zero risk on the job is equivalent to maximum growth of government plus zero economic growth plus runaway inflation.”
—Dixie Lee Ray (b. 1924)