Products Liability-Proximate Cause, Intervening Cause, and Duty

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Fischer, David A.
prodcut liability; proximate cause; intervening cause; duty of care; tort; Law; Torts
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article description
The primary emphasis of this article will be on the application of proximate cause in strict liability cases involving physical harm to person or property. This includes breach of implied warranty cases causing physical harm as well as strict tort liability cases. For purposes of the matters discussed in this article, the two theories are essentially the same. The major difference between the theories is that warranty law may recognize some contract defenses that do not apply in strict tort cases. The article will also discuss negligence cases for purposes of comparison and contrast with the strict liability cases. This will show that in products liability cases the proximate cause doctrines are usually applied in the same way under all three theories of recovery.