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Sophisticated User Defense Gains Acceptance

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.

15 minute read April 27, 2009 at 01:39 PM
By
Beth L. Kaufman and Ronit D. Appel
Sophisticated User Defense Gains Acceptance

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.

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