Calif. Ruling Will Affect Defense Of Future Cases

Law360, New York (April 8, 2008, 12:00 AM EDT) -- The California Supreme Court announced that it has adopted the “sophisticated user” defense in products liability and toxic tort actions. Johnson v. American Standard Inc., Slip op. S139184 (April 3, 2008).

Agreeing with predictions made by prior federal circuit and district court decisions applying California law, the court unanimously affirmed a lower court judgment that a “manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk, harm or danger, if the sophisticated user knew or should have known...
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