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Practice Tip: Representing the Client Who Failed to Read the Label

By Lawrence Goldhirsch
September 02, 2005

When analyzing a product liability case involving a failure to adequately warn, keep in mind that an element of that claim is causation.

Restatement (2d) of Torts 402A, comment J provides that a manufacturer may assume that users will read and heed an adequate warning; however, that presupposes the plaintiff can read. Suppose the plaintiff cannot read because he or she is an infant, illiterate, a foreign speaking laborer or a factory worker who never had access to any printed warnings?

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