Hazards Technology and Fairness (1986) / Chapter Skim
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Pages 108-109
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From page 108... ...
But they are grave liabilities for decision makers who would address and determine the broadest terms of the social contract. Our choices of "acceptable" public risks, and the decisions we make to compensate or not to compensate for the harms that may attend these nsks, ultimately must be made in the political arenas.
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From page 109... ...
The report criticized contemporary tort law for failing to develop a clear standard of responsibility, imposing liability when the product has been misused or altered, failing to apply standards of comparative fault, failing to provide for contribution or indemnity among tort-feasors, imposing liability for design defects beyond the technological state of the art, imposing liability for unknowable risks, and imposing lingering liability beyond the expected useful life of a product. Numerous state legislatures have followed up on the federal initiative.
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