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CA Adopts the Sophisticated User Doctrine

By Daniel J. Herling and Leyla Mujkic

On April 3, 2008, the California Supreme Court, faced with a question of first impression, adopted the Sophisticated User Doctrine as a viable affirmative defense in product liability cases. The issue, as framed by the court, was whether California should adopt the Sophisticated User Doctrine to negate a manufacturer's duty to warn of a product's potential danger when the plaintiff has, or should have, advance knowledge of the product's inherent hazards. The ruling is an undeniable victory for product manufacturers.

A review of state and federal law reveals a strong propensity toward the defense, as most jurisdictions have adopted some form of the Sophisticated User Doctrine. This article addresses the origins of the doctrine and the state of the law across the country, evaluates and provides a background to Johnson v. American Standard, Inc., S139184, and discusses the potential ramifications of the Doctrine.

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