Bachner v. Pearson’s Empirical Analysis
1970
Citation profile
10 federal appellate · 5 district · 58 state decisions
How this case has been cited
Cited by 75 later decisions — most recently October 2014 · most notably West v. Caterpillar Tractor Company, Inc. (1976), Kirkland v. General Motors Corporation (1974)
10 federal appellate · 5 district · 58 state decisions — followed in 16 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1863
Relies on Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. Rogers · Greenman v. Yuba Power Products, Inc. · Thiel v. Southern Pacific Co. · Ballard v. United States · Henningsen v. Bloomfield Motors, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[l]iability is attached, as a matter of policy, on the basis of the existence of a defect rather than on the basis of the defendant's negligent conduct.”
4 later decisions quote this exact passage“* * * if a product is defective, if the plaintiff is unaware of that defect, and if that defect is the proximate cause of the plaintiff's [accident], then the fact the plaintiff's negligent conduct may have concurred with the defect to cause * * * [the accident] should have no bearing on the validity of the initial policies calling for the application of strict liability. * * *”
2 later decisions quote this exact passage“contributory negligence, as a defense to strict liability in tort, should be limited to those cases where the plaintiff voluntarily and unreasonably encounters a known risk.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.