Sophisticated User

Abstract

This study evaluates the legal term “sophisticated user.” With increasing frequency, Defendants are relying on this defense to mitigate a failure-to-warn finding. It is the jury’s duty to determine which users are sophisticated, based on jury instructions given by the judge. This study evaluates the sophisticated user defense in terms of a recent Federal case finding, in which a jury found a failure to warn, along with finding that the user was sophisticated. The jury instructions in this case include several elements, any one of which may lead a jury to determine that a Plaintiff is sophisticated without any corroborating evidence; this study examines each element separately.