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Practice Tip: Check for the Sophisticated User

By Kimberly H. Clancy

As with many things in law, there is a mental checklist. When a client calls seeking advice regarding a new product liability lawsuit, you run through the product liability checklist. What is the product? What is the product used for? What warnings accompanied the product? When was the product manufactured? How did the product allegedly cause injury?

Before finishing the checklist, don't get forget to also ask your client about the user of the product. Did the user have experience with the product? Was the user independently aware of dangers associated with the product? A recent California Court of Appeal case reminds us that the answers to those questions may indicate that your client has a 'sophisticated user' defense.

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