EXTENSION OF STRICT LIABILITY TO ALL THIRD PERSONS

AS THE COURTS MOVE AWAY FROM ARTIFICAL LABELS, THEY MUST BE CAREFUL TO DEFINE THE PUBLIC POLICIES THAT LAY THE BASIS FOR IMPOSING LIABILITY. THE JUDICIARY HAS UTILIZED THE POLICY RATIONALES BEHIND STRICT LIABILITY IN EXTENDING GENERAL COVERAGE TO BYSTANDERS, BUT HAS FAILED TO DEFINE LIMITS TO THEIR RECOVERY BY THIS APPROACH. INSTEAD, CATCH-WORDS FROM THE NEGLIGENCE ACTION HAVE BEEN RELIED UPON AND INTEGRATES INTO THE PRODUCTS LIABILITY FIELD. AS THREE PARTY PROBLEMS ARISE, THE COURTS WILL, OF NECESSITY, HAVE TO REPEAT THE SAME EXAMINATION OF THE ADMINISTRATIVE, MORAL, ECONOMIC, PREVENTIVE, AND JUSTICE FACTORS THAT LED TO THE INITIAL BREAKDOWN OF PRIVITY. HOPEFULLY, THE RESULT OF SUCH AN ANALYSIS WILL BE GREATER PROTECTION FOR THE INNOCENT, BLAMELESS BYSTANDER. AN INNOCENT PARTY SHOULD INDEED RECEIVE GREATER PROTECTION THAN THE NEGLIGENT USER AND COURTS SHOULD CONSIDER THE BLAMELESS NATURE OF THE BYSTANDER.