Abstract
In view of the impending clash between the old and new Restatements in our nation's courts, this Note considers whether the standards for design defect claims set forth in the Restatement (Third) should be adopted in Arizona. Section II examines the development of products liability principles from the mid-nineteenth century, through Section 402A of the Restatement (Second) of Torts, and up to current Arizona law. Section III outlines the new standards proposed in the Restatement (Third). Section IV details some of the major criticisms of the Restatement (Third) and the debate surrounding its adoption. In Section V, existing Arizona law is contrasted with the law as embodied in the new Restatement. Based on this analysis, this Note concludes that Arizona should reject the Restatement (Third) of Torts: Products Liability because the new Restatement conflicts with well-established Arizona case law as well as public policy determinations articulated by the Arizona Supreme Court.
How to Cite
45 Ariz. L. Rev. 173 (2003)
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