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courts hold such companies to an expert standard of care. That is to say, a
company that produces a product or places it into the stream of commerce is
presumed to be fully informed of the data and science regarding its products
and processes, including any hazards they may pose. As discussed in greater
detail below, abundant evidence demonstrates that, in the case of major fossil
fuel producers, this presumption of expertise is borne out by the evidence.
Moreover, where a company or an industry was demonstrably on notice of
potential hazards associated with its products, the question of whether those
risks were foreseen or foreseeable is redundant. As detailed below, there is
now abundant and compelling evidence that major fossil fuel producers
received early and repeated warnings not only regarding the role of fossil
fuels in climate change, but of many categories of potential harm that have
now materialized for the Filipino petitioners and for growing classes of
petitioners and plaintiffs around the world.
Significantly, where the harm results from defects in the design, manufacture
or construction of the product, and these defects rendered the product
unreasonably dangerous to use, a majority of countries now apply a strict
liability standard—meaning that the company or companies that produced
the product or put it into the stream of commerce can be held legally
responsible for harms caused by the product, regardless of fault. This
standard is reflected in §402A of the Restatement (Third) of Torts.
The basic approach set forth in the Restatements has now been followed in
most jurisdictions worldwide, either through jurisprudence or legislation. 16
For example, Article 97 of the Consumer Act of the Philippines (Republic
Act No. 7394) provides that "(a)ny Filipino or foreign manufacturer,
producer and any importer shall be liable for redress, independently of fault,
for damages caused to consumers by defects resulting from design,
manufacture, construction, assembly and erection formulas and handling and
making up, presentation or packing of their products, as well as for the
insufficient or inadequate information on the use and hazards thereof" (italics
supplied).
As Justice Edgardo P. Cruz has observed, this rule on strict liability “is based
on the premise that as between the consumer and the manufacturer, producer
or importer, the latter is in a better position to prevent any danger or risk that
the product may reasonably pose to end-users.” Accordingly, the injured
consumer “needs only establish that the product is defective or unreasonably
16
For a discussion of the evolution of the standard, see Richard W. Wright, The Principles of
Product Liability, in Symposium, Products Liability: Litigation Trends on the 10th Anniversary of
the Third Restatement, 26 Rev. Litig. 1067 (2007), available online at:
http://scholarship.kentlaw.iit.edu/fac_schol/719.