Courts in the state of Swindland currently hold a manufacturer strictly liable in tort for all physical harms caused by a manufacturing defect in one of the manufacturer’s product. The Swindland state legislature will soon be voting on proposed legislation that would require courts to apply a negligence standard in determining a manufacturer’s liability for products with a manufacturing defect. (In other words, under the proposed legislation manufacturers would no longer be strictly liable for manufacturing defects, but would be liable only if they were negligent.)
You are an aide to State Senator Fisher. She has asked you to draft a memo advising her on the merits of the proposed legislation. Please draft such memo in no less than 5 and no more than 10 paragraphs. Please be sure to include the following in your memo: the difference between a strict liability standard and a negligence standard, and the merits and downfalls of each standard.
Sample Solution
