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How Litigation Can Promote Product Safety

Published online by Cambridge University Press:  01 January 2021

Extract

For at least the past three decades, injuries have been recognized as an important public health problem in the United States. In 2001, there were approximately 157,000 deaths due to injuries in the US. There were also almost 30 million non-fatal injury incidents.

Injuries have been defined as: “…any unintentional or intentional damage to the body resulting from acute exposure to thermal, mechanical, electrical, or chemical energy or from the absence of such essentials as heat or oxygen”. Within public health, the field of injury prevention and control is dedicated to reducing the burden of injuries on the lives of people around the world.

Injury prevention seeks to reduce injuries by: 1) identifying risk factors, 2) designing interventions to address the risk factors, 3) implementing those interventions, 4) evaluating their effectiveness, and 5) replicating those that work. As with many other public health problems, interventions can target factors associated with the human or host, vehicle or vector, and the physical or social environment.

Type
Symposium
Copyright
Copyright © American Society of Law, Medicine and Ethics 2004

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References

Centers for Disease Control and Prevention, Web-based Injury Statistics Query and Reporting System (WISQARS), at <http://www.cdc.gov/ncipc/wisqars> (Last visited September 21, 2004).+(Last+visited+September+21,+2004).>Google Scholar
U.S. Department of Transportation, Traffic Safety Facts 2002 (Washington, DC: National Highway Traffic Safety Administration, 2004).Google Scholar
Robertson, L.S., Injury Epidemiology (New York: Oxford University Press; 1992).CrossRefGoogle Scholar
National Committee for Injury Prevention and Control, Injury Prevention Meeting the Challenge (New York: Oxford University Press, 1989): at 4.Google Scholar
Bonnie, R.J., Fulco, C.E., Liverman, C. T. eds., Reducing the Burden of Injury (Washington, DC: National Academy Press; 1999).Google Scholar
Teret, S.P., “Litigating for the Public’s Health,” American Journal Public Health 76 (1986):1027–9.CrossRefGoogle Scholar
Vernick, J.S., Teret, S.P.. “New Courtroom Strategies Regarding Firearms: Tort Litigation Against Firearm Manufacturers and Constitutional Challenges to Gun Laws,” Houston Law Review 36 (1999): 17131754.Google Scholar
Fed. R. Civ. P. 26–37.Google Scholar
Jacobson, P.D., Soliman, S., “Litigation as Public Policy: Theory or Reality?” Journal of Law, Medicine & Ethics 30 (2002): 692704.CrossRefGoogle Scholar
Keeton, W.P., Dobbs, D.B., Keeton, R.E., Owen, D.G., Prosser and Keeton on the Law of Torts (St Paul, MN: West Publishing Co, 1984).Google Scholar
Koenig, T., Rustad, M., In Defense of Tort Law (New York: New York University Press, 2001); Mulligan, M., Gottlieb, E., Lifesavers (New York: Center for Justice & Democracy, 2002).Google Scholar
Grimshaw v. Ford Motor Co., 119 Cal. App. 3d 757 (Ct of App of CA 1981).Google Scholar
Howard v. Ford Motor Co., No. 763785-2 (California Superior Court, Oct. 11, 2000) (statement of decision).Google Scholar
Vernick, J.S., Mair, J.S., Teret, S.P., Sapsin, J.W., “Role of Litigation in Preventing Product-Related Injuries,” Epidemiologic Review 25 (2003): 9098.CrossRefGoogle Scholar
Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. Pub L No. 106-414, Nov 1, 2000, 114 Stat 1800, 49 USCA §30170 (West 2000).Google Scholar
Eads, G., Reuter, P.. Designing Safer Products: Corporate Responses to Product Liability Law and Litigation (Santa Monica, CA: The Rand Corporation, 1983).Google Scholar
Huber, P.W., Litan, R. E. eds., The Liability Maze (Washington, DC: The Brookings Institution, 1991).Google Scholar
Lytton, T.D., “Using Litigation to Make Public Policy: Theoretical and Empirical Challenges in Assessing Product Liability, Tobacco, and Gun Litigation,” Journal of Law, Medicine & Ethics 32 (2004): 556564.CrossRefGoogle Scholar