This article argues that the Third Restatement of Products Liability, far from accomplishing its goal of eliminating strict liability for products, actually caused its revival. Prior to the adoption of the Third Restatement, many jurisdictions had gradually retreated from the strict products liability of Section 402A of the Second Restatement of Torts. The Third Restatement caused the courts to confront their own incremental processes and, in refusing the adopt the Third Restatement, to reinstate Section 402A of the Second Restatement in a much purer form.
Date of this Version
Ellen Wertheimer, "The Biter Bit: Unknowable Dangers, The Third Restatement, and the Reinstatement of Liability Without Fault" (February 2005). Villanova University School of Law Working Paper Series. Working Paper 27.