“Waive” Goodbye to Tort Liability: A Proposal to Remove Paternalism from Product Sales Transactions

Authors

Richard C. Ausness, University of Kentucky College of LawFollow

Abstract

This Article argues that waivers of tort liability should be permitted in connection with product sales. Currently, sellers cannot limit their liability under tort law for personal injuries caused by defective products even though such waivers are allowed, albeit reluctantly, under principles of negligence and warranty law. Existing principles of products liability law should be modified, either by legislation or by court action, to allow at least limited use of these waivers.

Document Type

Article

Publication Date

Spring 2000

3-19-2015

Notes/Citation Information

San Diego Law Review, Vol. 37, No. 2 (Spring 2000), pp. 293-345

Repository Citation

Richard C. Ausness, “Waive” Goodbye to Tort Liability: A Proposal to Remove Paternalism from Product Sales Transactions, 37 San Diego L. Rev. 293 (2000).