A Unified Approach To Duty For Failure To Warn

Law360, New York (November 12, 2009, 12:28 PM EST) -- When it comes to providing warnings, the legal duty owed by product manufacturers is stunningly broad. Under California law, it is essentially the duty to adequately warn of every risk inherent in the use or foreseeable misuse of a product that is “known or knowable.” Anderson v. Owens-Corning Fiberglas Corp. (1991) 53 Cal. 3d 987, 1002.

For anything but the simplest and most benign of products, the list of “knowable” risks, if one takes sufficient time to consider the matter, can become extremely long.

While California...
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