STRICT OR “ABSOLUTE”? THE EFFECT OF RECENT TRENDS IN PRODUCT LIABILITY ON MARKETING DECISIONS

Abstract

Product liability suits in the form of strict liability in tort have the effect of reducing consumer choices by reducing the diversity of products that manufacturers are willing to produce and sell. The move toward absolute liability is, however, reversing. The effect of proposed and enacted legislative relief for product manufacturers and sellers on strict liability concepts is apparent when comparison is made. But, even with legislative relief, marketers may find the risks of damage suits connected with low priced products too high.