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Products Liability: Problems and Process, Tenth Edition

Authors
  • James A. Henderson
  • Aaron D. Twerski
  • Douglas A. Kysar
Series / Aspen Casebook Series
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Products Liability: Problems and Process offers a problem-based approach that balances doctrine with in-depth exercises that prompt students to apply the law in realistic fact scenarios. Rules and comments from the Restatement (Third) of Torts: Products Liability—for which two of the authors, James Henderson and Aaron Twerski, have served as co-reporters—are fully integrated throughout the text. Brief dialogues among the three authors present a range of perspectives on controversial issues within the field to help stimulate reflection and discussion. The book concludes with a chapter on products liability in a global context.

New to the 10th Edition: 

• Fully updated notes and cases in every chapter, including the latest scholarly commentary 

• Several new lead cases incorporated throughout the book 

• Addition of new material on significant and emerging topics such as multidistrict litigation, artificial intelligence, the liability of online retailers such as Amazon.com, and the use of public nuisance litigation by states and cities in contexts like climate change and weapons marketing 

Professors and student will benefit from: 

• Student-friendly mix of cases, notes, and problems introduces students to black-letter law and its underlying policies 

• Rules and comments from the Restatement are fully integrated throughout the text 

• Dialogues among the three authors present a range of perspectives on controversial issues within the field to help stimulate reflection and discussion 

• Problem-based approach encourages students to apply the law to real-life situations 

• A slim, user-friendly volume

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Table of contents

Summary of Contents

Contents 
Preface to the Tenth Edition 
Acknowledgments 


PART I LIABILITY FOR MANUFACTURING DEFECTS 
Chapter 1. Product Distributor’s Strict Liability
for Defect-Caused Harm 
Chapter 2. Causation 
Chapter 3. Affirmative Defenses 
PART II LIABILITY FOR GENERIC PRODUCT RISKS 
Chapter 4. Liability for Defective Design 
Chapter 5. Liability for Failure to Warn 
Chapter 6. Express Warranty and Misrepresentation 
PART III SPECIAL PROBLEM AREAS 
Chapter 7. Special Products and Product Markets 
Chapter 8 Special Elements of the Products Liability Plaintiff’s Recovery 
Chapter 9. Products Liability in a Global Context 


Table of Cases 
Table of Statutes and Other Authorities 
Index 

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About the authors
James A. Henderson
Frank B. Ingersoll Professor of Law Emeritus
Cornell University

James Henderson, late, of Cornell Law School, was a leading commentator in the field of torts and products liability. After he received both an LL.B and LL.M from Harvard Law School, Professor Henderson clerked for the Hon. Warren L. Jones of the U.S. Court of Appeals for the Fifth Circuit. He then taught at Boston University Law School for twenty years before joining the Cornell Law School Faculty in 1984.

His scholarship and teaching address theoretical, practical, and process concerns in the fields of products liability and torts. In addition to serving as the co-reporter of the American Law Institute's revision of the products liability portions of the Restatement of the Law of Torts from 1992–1998, Henderson testified extensively on torts, products liability, and insurance before the Senate and Congress, as well as before numerous state legislatures. He co-authored torts and products liability casebooks.

Aaron Twerski
Brooklyn Law School

Professor Twerski is a preeminent authority in the areas of products liability and tort law. The American Bar Association's Tort Trial Insurance Practice Section honored him with the 2007 Robert B. McKay Law Professor Award, which recognizes law professors who are committed to the advancement of justice, scholarship, and the legal profession in the fields of tort and insurance law. He was Co-Reporter for the American Law Institute's Restatement of the Law (Third) Torts: Products Liability, published in 1998. For his distinguished performance as a Reporter, the ALI named him the R. Ammi Cutter Reporter.

He is a prolific scholar, having published dozens of law review articles on torts and products liability law. Among his recent articles are those published in the Yale Law Journal, Cornell Law Review, New York University Law Review, Northwestern University Law Review, and the Georgetown Law Journal. He is also the author of the leading textbook, Products Liability: Problems and Process (4th ed. 2000) (with J. Henderson, Jr.).

His expertise has been widely called upon by state and federal legislative bodies considering product liability and mass tort legislation, and he is a frequent lecturer to the practicing bar. He joined the faculty in 1986, after serving as Interim Dean at Hofstra University School of Law, where he taught for many years. He also taught at Duquesne University School of Law and was a Visiting Professor at Cornell, Boston University, and the University of Michigan law schools. His background also includes a teaching fellowship at Harvard Law School and work as a trial attorney with the U.S. Department of Justice in its Civil Rights Division.

Douglas A. Kysar
Yale Law School

Douglas Kysar is the Joseph M. Field '55 Professor of Law at Yale Law School. His teaching and research areas include torts, environmental law, and risk regulation. He received his B.A. summa cum laude from Indiana University in 1995 and his J.D. magna cum laude from Harvard Law School in 1998, where he served on the student board of advisors. He has published articles on a wide array of environmental law and tort law topics, and is co-author of a leading casebook, The Torts Process, with James A. Henderson, Jr., Richard N. Pearson, and John A. Siliciano. His recent book, Regulating from Nowhere: Environmental Law and the Search for Objectivity (YUP 2010), seeks to reinvigorate environmental law and policy by offering novel theoretical insights on cost-benefit analysis, the precautionary principle, and sustainable development.

Product Information
Edition
Tenth Edition
Publication date
2026-02-02
Copyright Year
2026
Pages
754
Print + eBook
9798892074902
eBook
9798892074919
LLPOD
9798892074933
Subject
Tort Law, Elective
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