April 4, 2008

A significant victory for product liability defendants, from a unanimous high court in Sacramento: "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 of that risk, harm or danger." CalBizLit has more details on the decision in Johnson v. American Standard. The defense has been accepted in some other courts, but was on first impression at the California court. Per the Civil Justice Association of California (not yet online), "The state's personal injury lawyers association fought against the Court of Appeal ruling in an amicus brief filed by its former president Sharon J. Arkin." Lawyers Weekly has an account of the appellate decision, partly behind a pay wall. More: The Recorder, Lex Communis.