Duquesne Law Review


The assault upon the citadel, having proceeded apace for 35 years, has achieved spectacular victory. Strict liability in tort as a remedy for the manufacture and sale of defective products has won the day. Once applied only in the food and beverage area, strict liability is now being applied to consumer products of every type, and the Restatement reflects this strong judicial trend. It is difficult to speculate as to the impact strict liability will have on the various industries to which it is now being applied. Not enough cases have been decided in any particular area to elicit any definite reactions. Strict liability seems to be, in fact, just one part of a political and social climate exhibiting increased concern for the consumer, and it is probable that the most significant changes in the consumer products industries will result from legislation, not tort verdicts. Strict liability, nevertheless, does have an effect on the character of products liability litigation, and it is reasonable to expect that this effect will be felt more strongly in some industries than in others. An example of a large and important consumer products area where strict liability might be expected to have a significant impact is the automobile industry

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