A Moderate and Restrained Federal Product Liability Bill: Targeting the Crisis Areas for Resolution
In this article I have tried to offer a rational, feasible, and politically acceptable solution to the present product liability crisis. To do this, I have first set out the problem. I explain in Part I how courts have created the crisis by formulating incomprehensible legal standards. In Part II, I examine the difficulties with assessing punitive damages against a defendant. In Part III, I discuss the conflict between the torts and workers’ compensation systems. In Part IV, I reflect on the need to protect wholesalers and retailers from needless litigation. Part V suggests that a federal study on the role of damages in product liability litigation be undertaken. I then explain in Part VI why Congress need only address these five problem areas to resolve the crisis, and in Part VII, I present my proposed statute.