Heeding Presumption In NY Law? It Depends Who You Ask

Law360, New York (January 11, 2013, 12:22 PM EST) -- Few theories of liability are as elusive and difficult to defend against as "failure to warn." Given the hindsight borne of any accident, it is tempting to suggest, and for a jury to want to believe, that a few simple words of warning would have avoided a catastrophic consequence.

Moreover, failure to warn claims are favored by plaintiffs because they do not require the thorny analysis of the risk and utility of the product at issue that design defect claims present. "One simple sentence would have prevented this accident" is a powerful pitch for plaintiff's counsel, and it is one of the hardest arguments for defense counsel to respond to in front...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!