The Changing State of the Law in Relation to Product Liability in the United States of America

Abstract

I had originally intended to concentrate solely on the sorry state of US product liability law and its impact on the pharmaceutical industry. It then occurred to me it might be a good idea to find out my title which is, of course, ‘The Changing State of the Law in Relation to Product Liability in the USA’. So I decided to abandon my pessimistic theme and search for evidence of judicial and legislative change. I must confess that I had a hard time finding any! But, as you all know, Americans have a reputation for optimism, even blind optimism. I am reminded of the story told about the Battle of Little Big Horn, which many will remember was the place in Montana where Chief Sitting Bull and his band of Sioux Indians routed the American Cavalry under General Custer. It seems that, in the last hours of the battle, Custer asked his eager young aide how things were going. ‘Fantastic!’ was the reply. ‘Fantastic?’ said Custer. ‘We’re hopelessly outnumbered and completely surrounded’. ‘Yes General’, said the young lieutenant, ‘But that means we can shoot in any direction and hit an Indian’.