PRODUCT LIABILITY. AN ETHICAL ANALYSIS -  WITH A FOCUS ON THE THEORY OF STRICT LIABILITY Cover Image

ЕТИЧКА АНАЛИЗА РЕГУЛАЦИЈЕ ОДГОВОРНОСТИ ЗА ПРОИЗВОДЕ НА ТРЖИШТУ, С ПОСЕБНИМ ОСВРТОМ НА ДОКТРИНУ СТРИКТНЕ ОДГОВОРНОСТИ
PRODUCT LIABILITY. AN ETHICAL ANALYSIS - WITH A FOCUS ON THE THEORY OF STRICT LIABILITY

Author(s): Jovan Babić
Subject(s): Business Economy / Management, Evaluation research, Business Ethics
Published by: Српско социолошко друштво
Keywords: acceptable risks; harm; product safety and quality control; paternalism; warranties; negligence; due care; strict product liability;

Summary/Abstract: If consumers have a right to expect that products on the market will be fit for their intended use then the producers, and sellers have a responsibility for the quality and safety of their products and for the compensation for harms and injuries that originate from products and their defects. Quality control implies issues regarding acceptable levels of risk, comsumer autonomy and competence, and paternalism. Product liability regulation has been subject to three theories: contractarian, due care theory, and strict liability theory. The last one has been explored in more details and put under a thorough ethical scrutiny. The result is that strict liability theory, despite being to a certain degree counterinuitive, is the best theory for dealing with the issue of compensations.

  • Issue Year: 40/2006
  • Issue No: 4
  • Page Range: 477-516
  • Page Count: 40
  • Language: Serbian