Negligence liability

Prince J. Negligence Liability for defective software. Oklahoma Law Rev 1980 33 848-55. 

In fhe case of chemical exposures thaf are privafe goods, govern-menf should provide information rather than regulation. And the negligence liability rule, rather than strict liability, should be applied. 

In the law of tort, including negligence, liability is fault based. It must be proved that the defendant was at fault in that he/she acted wrongfully and as a result violated a right of the plaintiff, causing harm to him/her. The requirement of fault differentiates a genuine accident from a negligent act for which the injured person can be compensated. 

B. Absolute (Strict) Li(d ility as an Example of Modern Safety Legislation. The progress of industrialization in the 19th century proved the inadequacy of the principle of criminal negligence. Liability was always attached to the person actively involved and, in an environment where work was allotted to a number of people, this was often the wrong person. Thus, e.g., the person operating a steam engine was held liable whenever an explosion occurred, and not the entrepreneur or owner, as the person actually responsible toward third parties, because the latter was always in a position... 

This article, particularly tailored to cover plastics materials produets, provides an overview of the three major theories under which a products liability action may be initiated, namely negligence, breach of warranty and strict products liability. Negligence liability claim elements of duty owed by the manufacturer, breach of duty, causation and damages are discussed. Also, discussed are claims brought under the theories of breach of warranty and strict products liability. 

This has been defined as "the failure to do something a reasonable person would do, or to do something a reasonable person would not do . For an action in liability to succeed in negligence the following conditions must be satisfied ... 

Johnson [17] identifies several topics related to liability, and she offers an important distinction as well. Among the topics related to liability and computer use in general are legal liability, the duty of honesty, the nature of contracts, misrepresentation, express and implied warranties, and negligence [17]. The relevant distinction concerns the nature of software as either a product or a service. Many of these topics hold little interest for the ethicist investigating computer ethics. For instance, legal liability is less important to philosophy than to jurisprudence. 

No responsibility is assumed by the Publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. Because of rapid advances in the medical sciences, in particular, independent verification of diagnoses and drug dosages should be made. 

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