Advanced Torts: Products Liability and Safety Law (635A-1)

Instructors

Myriam Gilles

Meeting Info

Levy Mayer 101: Thurs, Fri 1:30PM - 2:55PM

Overview of class

This course explores one of the most consequential and high-stakes areas of modern tort litigation: liability for dangerous or defective products. From opioids to talc to "forever chemicals," product liability cases shape corporate behavior, consumer safety, and the broader civil justice system. Students will explore core theories of liability—negligence, misrepresentation, strict liability, and warranty—as well as specialized topics such as design and warning defects, causation, and affirmative defenses. The course culminates in an in-depth case study of the talc litigation against Johnson & Johnson, allowing students to engage directly with complex questions of scientific evidence, mass tort procedure, and corporate accountability. Throughout, the course emphasizes critical thinking about the role of tort law in regulating product safety and compensating injury.

Registration Requirements

Torts is strongly recommended.

Learning Objectives

Students will take away from this course: (1) working knowledge of the core doctrines of products liability law (design defect, warnings, failure to test); (2) insight into how public health crises (like opioids, talc, and PFAS) become legal battles; (3) a realistic understanding of the power dynamics between individual plaintiffs, class counsel, corporate defense, and courts; (4) an ability to evaluate scientific and expert evidence in litigation; and (5) critical engagement with whether — and how — tort law deters corporate misconduct.

Class Materials (Required)

Owen & Davis, Product Liability & Safety (8th ed. 2020); ISBN: 9781634608213

Class Notes

This course invites you into the high-stakes world of product liability litigation, where law, science, corporate power, and public accountability collide. You'll study the traditional doctrines (negligence, strict liability, warranty, design defects, warnings), but more than that, you'll see how they work—or don't work—when deployed in actual cases involving some of the most powerful companies on earth.

We'll unpack how plaintiffs' lawyers build a case, how companies defend themselves, and how judges handle sprawling, multi-district litigation that can affect millions. We'll trace the evolution of this body of law from classic tort principles to the modern strategies used in cases like the talc litigation, opioid crisis, and toxic chemical exposure claims.

This course is tailor-made for students interested in complex litigation, public health, corporate accountability. And while it's designed to be rigorous, it's also accessible. You don't need a background in science or tort reform — just a willingness to think critically about how the civil justice system responds to harm. Expect lots of discussion, hypotheticals, and space to explore ideas — not just cold calls.

Class Attributes

Tort & Personal Injury Law

Enrollment Requirements

Enrollment Requirements: MSL and Tax Students are not eligible to enroll.