Focus (Forum & Focus)
Apr. 25, 2008
Fair Warning? Not If User Is 'Sophisticated'
Forum Column - By Marilyn A. Moberg - The state Supreme Court's recognition of the "sophisitcated user defense" for manufacturers adhered to a long-standing principle of product liability law: Warnings need not be given when the user knew or should have known of the danger.
By Marilyn A. Moberg and James M. Neudecker
This article appears on Page 6
Earlier this month in Johnson v. American Standard, Inc., 2008 WL 878933 (Cal. Apr. 3, 2008), the California Supreme Court unanimously held that a manufacturer is not liable to a sophisticated user of its product for failing to warn of dangers about which the sophisticated user knew or should have known. While the Johnson c...
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