Abstract
Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for personal injuries is indeed a modest proposal. An examination of present day products liability law makes this clear. Today, there are four primary theories under which an injured consumer can proceed: (1) misrepresentation, (2) negligence, ( 3) implied warranty, and ( 4) strict liability in tort.
Document Type
Article
Publication Date
1967
Recommended Citation
David G. Epstein, Strict Liability in Tort: A Modest Proposal, 70 W. Va. L. Rev. 1 (1967).