Extending Strict Liability to Health Care Providers: Can Consumers Afford the Protection?



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Texas Tech Law Review


Discusses implications of the expansion of strict liability to healthcare providers and explores whether the policies behind previous development are applicable to doctors and hospitals. Extending strict liability to health care providers would enable consumers to recover when they otherwise would be without a remedy. Furthermore, the entities that provide this additional protection would also be the entities that profit from the activity. If strict liability is ultimately to be extended to health care providers, the decision should be founded on the net gain of desirable results and not on an analogy of doctors and hospitals to manufacturers and retailers.



Strict liability, Privity, Implied warranty, Lessors, Health care providers, Remedies


13 Tex. Tech L. Rev. 1435