The author examines the tort law surrounding manufacturers’ post-sale duty to warn consumers of product risks or defects. Using examples and possible scenarios, the author argues that liability based on inadequate warnings at the point of sale should not be imposed if the risk could be neither known nor anticipated. The author also addresses post-sale failure to warn and recall.
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References
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Bell Helicopter Co. v. Bradshaw (1979), 594 S.W.2d 519, 532 (Tex. Civ. App).
Restatement of the Law of Torts: Products Liability (1997), American Law Institute (Proposed Final Draft—preliminary version, April 1, 1997; approved by the American Law Institute, May 20, 1997).
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SchwartzVictor (1983), “The Post-Sale Duty to Warn: Two Unfortunate Forks in the Road to a Reasonable Doctrine,”New York University Law Review, 58(October), 892–904.
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SchwartzVictor (1991/92), “The Death of ‘Super Strict Liability’: Common Sense Returns To Tort Law,”Gonzaga Law Review, 27, 179–80.
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