David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Business Ethics 17 (8):885-893 (1998)
In this paper I examine the most common objection to strict product liability: that it is unfair to manufacturers. Critics have maintained that it is unfair because it allows manufacturers to be held liable even when they have not been negligent, and are not morally blameworthy or at fault. In response to this objection, I argue 1) that there are in fact cases in which it is at least somewhat unfair to manufacturers to impose compensation requirements upon them in accordance with the strict product liability doctrine, but 2) that there is also a class of cases in which it is fair to manufacturers to hold them responsible for compensating injured product users, as strict product liability requires, even though they have not been negligent and are not morally blameworthy or at fault. My analysis of the fairness issue provides a basis for some concluding remarks about the defensibility of the strict product liability doctrine.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Stephen Cohen (1982). Justification for a Doctrine of Strict Liability. Social Theory and Practice 8 (2):213-229.
Gordon G. Sollars (2003). A Critique of Social Products Liability. Business Ethics Quarterly 13 (3):381-390.
John R. Danley (2005). Polishing Up the Pinto. Business Ethics Quarterly 15 (2):205-236.
D. R. Cooley (2003). Strict Joint and Several Liability and Justice. Journal of Business Ethics 47 (3):199 - 208.
Christian Witting, Leichhardt Municipal Council Vs. Montgomery: Non-Delegable Duties and Roads Authorities.
Joseph Raz (2010). Responsibility and the Negligence Standard. Oxford Journal of Legal Studies 30 (1):1-18.
Antony Duff (2009). Legal and Moral Responsibility. Philosophy Compass 4 (6):978-986.
Roger A. Shiner & Jeremy Hoemsen (2006). A. P. Simester (Ed): Appraising Strict Liability. Criminal Law and Philosophy 1 (1):119-122.
Added to index2009-01-28
Total downloads23 ( #81,799 of 1,147,203 )
Recent downloads (6 months)1 ( #140,193 of 1,147,203 )
How can I increase my downloads?