Why The Third Restatement Still Falls Short

Law360, New York (October 31, 2008, 12:00 AM EDT) -- When published in May 1997, the Restatement Third, Torts: Products Liability (“Third Restatement”) was received with tepid support and significant criticism.

Adopted more than 30 years after the venerable Restatement (Second) of Torts (“Second Restatement”), the Third Restatement sought to harmonize the collection of legal principles that had served as a guidepost for generations of courts applying products liability concepts.

Noting that Section 402A had achieved the status of “sacred scripture,” the Restatement Reporters — Professors Henderson and Twerski — nonetheless endeavored to create the Third...
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