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Strict Liability, Negligence and the Standard of Care for Transfusion-Transmitted Disease

Abstract

In most states, the patient who contracts diseases from blood products cannot bring suit in strict products liability. This Note argues that strict products liability should be applied to blood products, because it would provide an incentive to improve the safety of blood products. If courts and legislatures are unwilling to apply products liability to blood product suppliers, they should at least allow the ordinary standard of care to be applied in negligence.

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36 Ariz. L. Rev. 473 (1994)

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Authors

Michael J. Miller

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