TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, August 20, 2010

Bublick on Drunk Driving and Crashworthiness

Ellen Bublick (Arizona) has posted to SSRN The Tort-Proof Plaintiff:  The Drunk in the Automobile, Crashworthiness Claims, and the Restatement (Third) of Torts.  The abstract provides:

This article, for the Brooklyn Law School Symposium on the 10th Anniversary of the Restatement (Third) of Torts: Products Liability, looks at the difficult challenge courts face when they review crashworthiness claims that arise in conjunction with drunk driving. These claims highlight the difficulty of preserving structural accountability in tort law after the shift toward apportionment of liability that includes intentional, reckless and strict liability torts as well as negligence. The article suggests that certain court-created causal-apportionment doctrines help to preserve structural accountability. It also urges a more systematic confrontation of structural accountability questions in comparative responsibility systems like those recommended by the Restatement of Torts.


Conferences, Products Liability, Scholarship | Permalink

TrackBack URL for this entry:

Listed below are links to weblogs that reference Bublick on Drunk Driving and Crashworthiness:


Post a comment