The purpose of this Article is fourfold: first, to illustrate that there is currently a newer, more balanced consensus view in American products liability law today; second, to demonstrate that this current, realistically balanced, consensus in American products liability law is persuasively codified in a proposed revision to section 402A, Restatement (Second) of Torts, by Professors James Henderson and Aaron Twerski; third, to compare and contrast current Virginia products liability law with the Henderson- Twerski proposed revision of section 402A; fourth, to propose new legislation in Virginia that would incorporate the Henderson-Twerski proposal, and would realistically reform existing Virginia products liability law to objectively and fairly meet the current and future needs of the Virginia consumer, the Virginia manufacturer, and the Virginia retailer into the twenty-first century.
Peter Nash Swisher, Products Liability Tort Reform: Why Virginia Should Adopt the Henderson Twerski Proposed Revision of Section 402A, Restatement (Second) of Torts, 27 U. Rich. L. Rev. 857 (1993).