Washington Law Review


This Comment emphasizes automotive design. This is for two reasons. Most enhanced injury cases arise in this context, and, more significantly, no other product is associated with stronger public policy considerations nor affects society more broadly than the automobile. When faced with a case of first impression involving enhanced injury, courts can and should draw from many sources in developing an approach to the apportionment problem. First, the courts should look to the treatment enhanced injury cases have received in other jurisdictions. Second, they should seek guidance and analogize, if possible, from established tort doctrines. Finally, and most importantly, they should examine and weigh the policies that underlie the claim. Policy considerations may be found by examining case law, statutes, and legislative history.

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