This Article argues that waivers of tort liability should be permitted in connection with product sales. Currently, sellers cannot limit their liability under tort law for personal injuries caused by defective products even though such waivers are allowed, albeit reluctantly, under principles of negligence and warranty law.
Richard C. Ausness,
"Waive" Goodbye to Tort Liability: A Proposal to Remove Paternalism from Product Sales Transactions,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol37/iss2/2