美國產品責任法

• Course Goals The course begins with a brief overview of the U.S. legal system, to give students a framework for the understanding of the structure of U.S. products liability law. Then the course will take up issues involving liability for manufacturing defects – cases in which individual injury-causing products departed from their intended design. This part of the course introduces issues regarding causation of injury, allocation of responsibility among potential defendants, and affirmative defenses. The next part of the course addresses liability for generic product risks: liability for defective design, failure to warn, breach of warranty, and misrepresentation. Finally, the course will take up a set of other important issues: toxic tort litigation, prescription drugs and medical devices, toxic tort litigation, punitive damages, federal preemption of state law, and products liability in a global context. Students will gain an understanding of how the U.S. legal system works in general, and how the various aspects of products liability law described in the previous paragraph apply to products exported from Taiwan to the U.S. Students will also learn how to research product safety issues in English-language Internet-based materials and scientific literature, and how to access American laws, cases, and other legal sources. Students will improve their English-language reading, hearing, speaking, and writing ability. They will also gain confidence in making presentations to audiences of their fellow professionals, by developing and making a presentation to the class on some current product safety-related issue of their own selection, with the instructor’s advice. • Tentative Course Schedule (this is likely to be revised due to time constraints, my international commitments, and other factors) Students with disabilities should consult with the instructor about making accommodations in accordance with Taiwanese law.

• Language: The language of instruction is English, as are the reading materials. Students are expected to discuss cases, statutes, and issues, and to give a class presentation in English. The examination will be in English. Students must therefore have good English-language ability in reading, hearing, speaking, and writing. • Prior Study: It will be advantageous, but not required, to have some prior familiarity with the law of torts (personal injury law) and contracts. • Student Background: Students with a diversity of background and training are welcome. The class will be enriched by the participation of students from fields such as medical science, pharmacy, nursing, and engineering as well as law. Students from outside the university – for example, from health care practice and industry – are welcome to join the class, in person or remotely. • Social Background; Importance of the Issues Addressed: As the world’s largest single market for manufactured goods, the United States is positioned to have a crucial impact on the economies of exporting nations such as Taiwan. Therefore, an understanding of the laws and regulations governing product quality and product-related injuries and deaths is essential for successful manufacturing, marketing, and legal strategies for companies, institutions, professionals, and academics concerned with the American market for manufactured products. Additionally, some aspects of U.S. law may influence the law of Taiwan. U.S. products liability law consists of a complicated mix of statutes, cases, and doctrines at both the federal and state levels. Some issues are decided by judges, and others by juries drawn from the general public. The laws applicable in some states are contrary to the laws of other states, and the question of federal preemption of state law is the subject of considerable controversy, only partly resolved by decisions of the U.S. Supreme Court. Therefore, an important aspect of this course will be to explain how the U.S. legal system works in general, not just in the field of products liability.

• Student Requirements 1. Students must read the assigned cases and materials before each class, and must be prepared to discuss the issues in class. 2. After each class, each student must post at least one comment or question based on the readings and discussion in that class. 3. Each student must develop a short English-language presentation on a product-related topic of the student’s own selection (with the instructor’s advice). Each student will make that presentation to the entire class, toward the end of the semester. • On-line students participating in synchronous classes will be graded in the same fashion as students attending the class physically. Arrangements will be made for their comments during class to be transmitted to the students who are physically present in the class, so that class discussions will involve everyone. • On-line students participating in asynchronous classes must submit a case report each week, together with their comments and questions concerning the previous class. They must also give their class presentation in one synchronous class, unless otherwise arranged with Prof. Leflar. 4. Grades will be assigned in accordance with the following: a) Attendance: 10% b) Participation and performance in class discussions, including post-class comment postings: 25% c) Presentation to the class: 25% d) Written final examination: 40% The written final examination may be taken during a 24-hour period of the students’ choice out of the classroom. To acquaint students to the likely nature of final exam questions, an ungraded practice exam will be given midway through the course, followed by a discussion of best answers.

4. Grades will be assigned in accordance with the following: a) Attendance: 10% b) Participation and performance in class discussions, including post-class comment postings: 25% c) Presentation to the class: 20% d) Written final examination: 45% The written final examination may be taken during a 48-hour period out of the classroom.

• Class Materials The course book is Henderson, Twerski & Kysar, Products Liability: Problems and Process (Wolters Kluwer, 8th ed. 2016) (“HTK8”). It will be available in the NCTU library. It can be purchased through Amazon and other booksellers. HTK8 is also available for rental on Amazon, at a much lower cost, and used copies are available in the U.S. and probably in Taiwan. Each student must either purchase or rent an edition of HTK8, join with other students in a collective purchase, or find some other way of obtaining all assigned materials to prepare for each class. From time to time, I will also distribute additional materials on current cases and controversies.

時間

• Office hours: Every Wednesday (time to be announced), or otherwise by appointment. Prof. Leflar expects to meet with every student at least once, face-to-face or by Skype or Zoom, whether the student attends class physically or remotely, for one-on-one instruction and discussion. Please schedule appointments by contacting Prof. Leflar at rbleflar@uark.edu or (0)955-619-225.

聯絡方式

Instructor: Robert B Leflar (visiting professor, NCTU), rbleflar@uark.edu , (0)955-519-225 Teaching Assistant: Yu-Wei Chen, ywchen.itl08g@nctu.edu.tw