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Sophisticated User Defense Gains Acceptance

By Beth L. Kaufman and Ronit D. Appel

Just a few months ago, the Supreme Court of California joined a number of states in recognizing that the “sophisticated user doctrine” is a valid defense against failure-to-warn product liability claims ' whether sounding in negligence or strict product liability. Johnson v American Standard, Inc., 179 P.3d 905 (Cal. 2008). The sophisticated user doctrine is grounded on the theory that a manufacturer or supplier has no duty to warn a user or purchaser when that user or purchaser is a “sophisticated user” ' one presumed already to be aware of the dangers ' because the failure to give a warning could not be the legal cause of the plaintiff's injuries or harm.

The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree. Finally, the article provides some pointers to help practitioners establish an evidentiary record supporting the defense.

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