Defective Information: Should Information Be a Product Subject to Products Liability Claims
Joseph L. Reutiman · Scholarship @ Cornell Law (Cornell University) · 2012
Numerous consumer goods, including books, computer software, and commercial GPS devices, contain a significant informational component.How should the law respond when the information contained in such products is inaccurate and causes personal injury?In the products liability arena, courts have traditionally been hostile to such claims and have barred recovery on the basis that information is not a "product" because of its intangible nature.This tangibility test has outlived its usefulness.The cases applying this test have twisted the definition of product beyond recognition.Furthermore, as technology progresses, consumers are increasingly exposed to products containing potentially defective information that do not neatly fit within the tangible-intangible paradigm.This Note calls upon courts to treat information as a product and utilize the concept of duty as a means for controlling the extent of information-related liability.This duty-based approach is flexible enough to reconcile the concerns surrounding liability for defective information with the policy goals of the products liability system.