Publication Date
1969
Abstract
Lately the courts have effected tremendous changes in the law of products liability.' One such area of change has involved the foreseeability of an injury occurring while a product is undergoing unusual use, which the product's designer alleges was not foreseeable and hence not within his duty to prevent. Before 1962, commentators devoted little attention to the question of negligent design of products. Since then, practically all emphasis has been focused on the design of automobiles involved in accidents. Assertions have been made that the automobile accident is a special situation where liability hat developed uniquely. This Note seeks to show that liability for negligent design of automobiles has developed no differently from imposition of liability for negligent design of other products which have been used in an unusual manner. The law only recently has begun to consider foreseeable those events which the average man for many years has foresightedly insured against.
The dichotomy between the law and a normal lay concept of justice developed from the misinterpretation of the language of a famous products liability case, Huset v. J.I. Case Threshing Machine Co.: As a result of this interpretation, courts required that, as a precondition to recovery, the product be used for the purpose for which it was manufactured.
Recommended Citation
E., G. F.
(1969)
"Products Liability: Foreseeability of Unusual Uses of a Product Which Are Accompanied by Injury,"
Georgia Law Review: Vol. 4:
No.
1, Article 13.
Available at:
https://digitalcommons.law.uga.edu/glr/vol4/iss1/13