论严格责任原则在美国产品责任法中的衰落

严格责任在《第二次侵权法重述》402A中得到确立之后迅速成为美国产品责任法的圣经。但针对制造缺陷产生的责任而设计的402A,无法妥当地适用于后来得到发展的针对设计缺陷与警示缺陷的诉讼。《第三次侵权法重述-产品责任》取代了402A的规则,明确产品缺陷分为制造缺陷、设计缺陷以及警示缺陷三种类型,严格责任仅仅适用于制造缺陷,对于设计缺陷以及警示缺陷被告承担过失责任。

The Downfall of Strict Liability in Products Liability Law of America

In America, the general principle of strict liability was accepted uncritically as divine in products liability law shortly after being incorporated into section 402A of Restatement of the law, Second, Torts. Nevertheless, 402A, created to deal with liability for manufacturing defects, could not appropriately be applied to cases of design defects or defects based on inadequate instructions or warnings. Restatement of the Law, Third, Torts: Products Liability displaced 402A and specifically recognized that there are three separate categories of product defects: manufacturing defects, design defects, and defects based on inadequate instructions or warnings. While strict liability makes sense in the context of manufacturing defects, negligence should be the proper standard of liability in the cases of the other two defects.