Post-Sale Successor Independent Duty To Warn

Law360, New York (November 11, 2008, 12:00 AM EST) -- While the California Legislature has not adopted Restatement (Third) of Torts: Products Liability, Section 13 (“Section 13”), there is a move afoot by the plaintiffs bar to have this judicially adopted.

There are cases applying California law that address this subject, each of which rejected this claim, and there are sound policy reasons that militate against Section 13’s adoption. Even in situations where the theory is proposed, there are several hurdles and policy issues plaintiffs must overcome to properly pursue this claim.

I. What The Section...
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