William L. Prosser’s The Fall of the Citadel (Strict Liability to the Consumer) was simultaneously an analysis of the dismantling of the barriers to the imposition of strict liability for product-related injuries, an account of the sudden adoption of this form of liability beginning in the early 1960s, and a record of Prosser’s own intellectual triumph, since he had been advocating the adoption of strict liability since 1941. But in The Fall, as well as in the Restatement (Second) of Torts of which he was the principal author, Prosser did not recognize or confront what has proved to be the primary challenge to modern strict products liability: defining what makes a product “defective.” This Article analyzes The Fall and offers some explanations for Prosser’s apparent omission.
Volume 100 - Issue 5
- Note: Stranger than Science Fiction: The Rise of A.I. Interrogation in the Dawn of Autonomous Robots and the Need for an Additional Protocol to the U.N. Convention Against Torture
- SIRI-OUSLY 2.0: What Artificial Intelligence Reveals About the First Amendment
- The Consequences of Disparate Policing: Evaluating Stop and Frisk as a Modality of Urban Policing
- Regulating Cumulative Risk
- Toward a Critical Race Theory of Evidence
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