Secondhand Jurisprudence in Need of Legislative Repair: The Application of Strict Liability to Commercial Sellers of Used Goods

Abstract

This Comment will discuss the inability of tort law to provide an adequate solution to this issue, and why this issue should be taken out of the hands of the courts altogether and regulated by state legislatures. State legislatures have the capability to fashion a solution to this problem that would provide adequate compensation to injured consumers without: (1) adversely affecting the used goods market; (2) forcing injured consumers to deal with the expenses and difficulties of litigation using the negligence doctrine or warranty theory; or (3) unfairly holding secondhand dealers liable for defects they did not cause that may put them out of business. In Part II, this Comment will give a brief overview of the history of strict liability for products. Part III will canvass the various policy considerations of strict liability on which courts rely when faced with this issue. Part IV will explain why any solution based on the policy considerations of strict liability is inadequate. Finally, Part V will propose that a no-fault compensation plan fashioned by a state legislature could offer an effective remedy to the problem. Part VI will conclude with some final remarks on the future of products liability law.