Avaition law Essay Example | Topics and Well Written Essays - 3000 words

Avaition law - Essay Example eferences confirm the significance of ALIs product and lend support to our belief that the Restatement (Third) will have a significant influence in establishing a more uniform national products liability law. The Restatement (Third) already is having a notable impact on the products liability jurisprudence of many states. The states treatment of the Restatement (Third) is grouped into three categories. The first category consists of those states that expressly have incorporated various sections of the Restatement into their law. The second category consists of states that expressly have rejected various provisions or principles of the Restatement. The final category consists of states that have cited and discussed the Restatement in a significant way, but whose treatment of the Restatement falls short of an express adoption or rejection. The issue before the Supreme Court of Iowa in Lovick v. Wil-Rich,3 was whether the trial court erred in its instruction to the jury regarding the defendant-manufacturers post-sale duty to warn. In concluding that the instruction was improper, on the grounds that the court failed to inform the jury of the â€Å"special† circumstances affecting the reasonableness of the manufacturers conduct, the Iowa Supreme Court expressly adopted Section 10 of the Restatement (Third), â€Å"including the need to articulate the relevant factors to consider in determining the reasonableness of providing a warning after the sale.† Although Section 10 was consistent, in principle, with Iowa law, the Iowa Supreme Courts adoption of Section 10 in full, and its corresponding rejection of an Iowa standard jury instruction, underscores the significance of the Iowa development. The second category consist of those states that expressly have rejected various aspects of the Restatement (Third). This group consists of Connecticut, Kansas, Missouri, Montana, New Jersey, and Tennessee. Although New Jersey also was one of the states in the first