“Crashworthiness”, Strict Liability and the Demise of the Henderson Bifurcated Test in Design Defect Cases – Special Issues Will No Longer Define “Unreasonably Dangerous” But Will Require Balancing of Utility and Risk”

Date

1980

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses how the crashworthiness test had never before been accepted by the Supreme Court, but was adopted in the Turner case after a cursory analysis. The court recognized that the relevant factors can be better delineated and introduced by the litigants in their presentation of the evidence. The jury can, from the evidence so presented, consider the product's utility and risk and decide if its design is unreasonably dangerous. Notwithstanding the possible criticism that the court's definition of "defectively designed" incorporates a shadow of negligence, it is realistic, progressive, and helpful in guiding a jury toward a proper limit of liability.

Description

Keywords

Crashworthiness, Products liability, Strict liability, Unreasonably dangerous, Design defect, Turner v. General Motors Corp., Case note, Automobile, Car, Truck

Citation

11 Tex. Tech L. Rev. 953