Biotechnology's Challenge to the Law of Torts
Julie A. Davies, Lawrence C. Levine · Scholarly Commons (University of the Pacific) · 2000
This Article presents an overview of the torts issues that are likely to arise in the biotechnology arena. The Article first addresses the debate about the role of tort law in the biotechnology context: whether biotechnology should be exempted from tort liability altogether, whether biotechnology-created torts should be subjected to potential tort liability while being afforded special treatment, or whether biotechnology-created torts should be treated like other torts. The authors favor the latter treatment by which torts arising in the biotechnology arena are treated like other torts, determining that there is nothing so unique about the biotechnology context that would justify special treatment. The Article then looks at how current tort law would apply to the biotechnology arena focusing on the torts of trespass to land, conversion, strict liability (for an abnormally dangerous activity) and, most critically, strict products liability.