美國產品責任法

• 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 North 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. • 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 course then addresses liability for generic product risks: liability for defective design, failure to warn, breach of warranty, and misrepresentation. Next we address other important issues: 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 above 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 useful 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 a current product safety-related issue of their own selection, with Prof. Leflar's advice.

• Language: The language of instruction and the reading materials are in English. Students will discuss cases, statutes, and issues, and give a class presentation in English. The examination will be in English. Students must have good English-language ability in reading, hearing, speaking, and writing. • Prior Study: It will be useful, 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. Participants from outside the university – for example, from health care practice and industry, as well as lawyers – are welcome to join the class, in person or remotely. International students are particularly welcome.

• 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. We will discuss these comments and questions in the next class. 3. Each student must prepare a short English-language presentation on a product-related topic of the student’s own selection (with Prof. Leflar’s advice). Each student will make that presentation to the entire class, near the end of the semester. • On-line students participating in synchronous classes will be graded in the same fashion as students attending the class in person. 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 every 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. Students with disabilities should consult with Prof. Leflar or his teaching assistant about making accommodations in accordance with Taiwanese law. Tentative Course Schedule (revisions are likely because of time constraints, international commitments, and other factors). References are to Henderson, Twerski & Hysar, Products Liability: Problems and Process (“HTK”). Pages in both HTK9 and HTK8 are noted. “Ch.”= Chapter.

4. Grades will be assigned in accordance with the following: a) Attendance: 10%. In-person attendance is strongly preferred but not required. b) Participation and performance in class discussions, including post-class comment and question postings: 25% c) Presentation to the class: 25% d) Written final examination: 40% The written final examination may be taken during a 48-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 part way through the course, followed by a discussion of best answers.

• Course Materials The course book is Henderson, Twerski & Kysar, Products Liability: Problems and Process (Wolters Kluwer, Aspen Casebook Series, 9th ed. 2021) (“HTK9”). I will also distribute additional materials on current cases and controversies, which will be made available by my teaching assistant. The course book can be purchased through Amazon or other booksellers, and a copy will be available in the library. The previous edition (HTK8, 2016) contains most of our materials at a much lower cost, and I will bring a few used copies to resell to students at my cost (~NTD 1000). Used copies of both editions are available in the U.S. Used HTK8 copies may be available in Taiwan. Each student must obtain the assigned materials before each class in one way or another.

時間

• Office hours: By appointment. Prof. Leflar expects to meet with every student at least once, face-to-face or online, whether the student attends class in person or remotely, for personal instruction and discussion. Please schedule appointments by contacting Prof. Leflar at rbleflar@uark.edu or (0)972-991-041.

聯絡方式

Instructor: Robert B Leflar (visiting professor, NCTU), rbleflar@uark.edu , (0)955-519-225