Olives, Explosions, and the Iowa Supreme Court: Practical Difficulties in Interpreting and Applying Iowa's Products Liability Statute
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Authors
McWilliams, John A.
Issue Date
2013
Volume
47
Issue
1
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|At common law, downstream participants in the stream of commerce are liable for injuries caused by upstream product defects, even if such participants did not cause the defect. However, approximately seventeen states have enacted statutes abrogating the strict liability that is applied to nonmanufacturers at common law. Several of these statutes limit a nonmanufacturer's liability for injuries caused by an upstream participant in the stream of commerce. Statutes abrogating strict liability often contain language that categorizes which participant in the stream of commerce may be liable based on that participant's particular role within the stream of commerce. However, participants in the stream of commerce cannot predict potential liability if the legislature writing the statute or the courts interpreting the statute fail to clearly define the language that categorizes such roles.
Description
Citation
47 Creighton L. Rev. 149(2013-2014)
Publisher
Creighton University School of Law