Olives, Explosions, and the Iowa Supreme Court: Practical Difficulties in Interpreting and Applying Iowa's Products Liability Statute

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McWilliams, John A.
Issue Date
2013
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Journal Article
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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.
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47 Creighton L. Rev. 149(2013-2014)
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Creighton University School of Law
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