Jump to ContentJump to Main Navigation
The Psychology of Tort Law$
Users without a subscription are not able to see the full content.

Jennifer K. Robbennolt and Valerie P. Hans

Print publication date: 2016

Print ISBN-13: 9780814724941

Published to NYU Press Scholarship Online: May 2017

DOI: 10.18574/nyu/9780814724941.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 16 January 2022

Products Liability

Products Liability

(p.168) 8 Products Liability
The Psychology of Tort Law

Jennifer K. Robbennolt

Valerie P. Hans

NYU Press

This chapter takes a closer look at a particular subset of cases in tort law – those involving products liability. The way the law handles manufacturing defects—through strict liability—implicates intuitions about the circumstances under which defendants should be held responsible in the absence of negligence. How decision makers assess design defects involves the attribution of responsibility and negligence, and raises additional psychological issues related to betrayal aversion and cost-benefit analysis. Nuanced assessment of the adequacy of warnings must take into account the human factors related to noticing, reading or otherwise decoding, understanding, and following product warnings. Looking at tort law through the lens of products liability also affords an opportunity to explore the psychology of mass torts and the effects of plaintiffs joining together in groups to make their claims. Because products liability cases almost always involve corporate defendants, this chapter explores the psychology of holding a collective entity responsible for having caused harm.

Keywords:   betrayal aversion, corporate defendants, cost-benefit analysis, human factors, manufacturing defects, mass torts, products liability, strict liability, warnings

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.