Publications
Distinguishing the Sophisticated User from the Sophisticated Intermediary Defense
October 2009 - Mass Torts, American Bar Association Section of Litigation, Vol. 8, No. 1, Fall 2009
Publications
Distinguishing the Sophisticated User from the Sophisticated Intermediary Defense
October 2009 - Mass Torts, American Bar Association Section of Litigation, Vol. 8, No. 1, Fall 2009
Many mass tort and toxic tort actions assert claims for product liability based on failure to warn. The plaintiff claims that the manufacturer of the product had a duty to warn of a dangerous characteristic of the product. However, a manufacturer need not warn of every hazard. “Modern
life would be intolerable unless one were permitted to rely to a certain extent on others doing what they normally do, particularly if it is their duty to do so.” Read More…