Answer to Question 1The California Supreme Court first adopted the doctrine of strict liability in a tort case in 1963 . The doctrine of strict liability removes many of the difficulties for the plaintiff associated with other theories of product liability. Strict liability can be traced to the Restatement (Second) of Torts, which provides that one who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm caused to the user or consumer. Strict liability is applied even though the defendant has exercised all possible care in the preparation and sale of the product, and even though the user or consumer has not bought the product from the seller. Strict liability applies only to products and not services, and applies to those who are in the business of selling or leasing products. All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product. Thus, all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers may be sued under this doctrine. A defendant who has not been negligent but who is made to pay a strict liability judgment can then bring a separate action against the negligent party in the chain of distribution to recover its losses. Those parties who can recover under strict liability include the purchaser or lessee, family members, guests, employees, customers, and persons who passively enjoy the benefits of the product (for example, passengers in automobiles). The damages recoverable in a strict liability action vary by jurisdiction, but personal injury damages are recoverable everywhere. Property damage is recoverable in most jurisdictions, and economic loss is recoverable in just a few jurisdictions. Punitive damages can also be recovered in a strict liability action.
Answer to Question 2Legal databases such as
www.westlaw.com,
www.lexis.com,
www.findlaw.com and many others now provide access to the traditional hard-bound volumes of books like never before. Entertainment lawyers can go online to free (findlaw.com) and pay (subscription) sites. Another good source is the Google.com search engine though that is not specific to the law. Other efforts to find general research include exploring yahoo.com, netscape.com, askjeeves.com and so on.
Historian James Merrell notes several errors in Benjamin West’s famous 1771 painting, William Penn’s
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