Practice Tip: Recovering Under the Theory of Failure to Issue Post-Sale Warnings

Although a product may be reasonably safe when it is sold, a manufacturer that later learns of risks revealed by user operation may be held responsible for failure to issue post-sale warnings. The justification for a post-sale duty to warn arises from a manufacturer's unique and superior position to follow the use and adaptation of its products by consumers. The manufacturer is best placed to learn about post-sale defects or dangers discovered in the use of its products as compared with purchasers and users.

6 minute read June 01, 2004 at 11:43 AM
By
Lawrence Goldhirsch
Practice Tip: Recovering Under the Theory of Failure to Issue Post-Sale Warnings

Although a product may be reasonably safe when it is sold, a manufacturer that later learns of risks revealed by user operation may be held responsible for failure to issue post-sale warnings.

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