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Apr. 17, 2008
Subject area: Products Liability
In a decision likely to have nation-wide consequences for product manufacturers and plaintiffs, the California Supreme Court expanded protections for manufacturers that are alleged to have failed to warn about risks associated with their products. In Johnson v. American Standard, the Court adopted the so-called “sophisticated user” doctrine, holding that a manufacturer has no duty to provide warnings to plaintiffs who should already be aware of product hazards because of their professional training or expertise. In doing so, the Court acknowledged the dangers of a rule that would require indiscriminate warning of consumers. “Not all warnings . . . promote user safety. Requiring manufacturers to warn their products' users in all instances would place an onerous burden on them and would 'invite mass consumer disregard and ultimate contempt for the warning process.’” (Complete Article)
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January 6, 2009