Is a manufacturer liable for failing to warn of a defect in a product?

California, United States of America


The following excerpt is from Brown v. Superior Court, 245 Cal.Rptr. 412, 44 Cal.3d 1049, 751 P.2d 470 (Cal. 1988):

4 The test stated in comment k is to be distinguished from strict liability for failure to warn. Although both concepts identify failure to warn as the basis of liability, comment k imposes liability only if the manufacturer knew or should have known of the defect at the time the product was sold or distributed. Under strict liability, the reason why the warning was not issued is irrelevant, and the manufacturer is liable even if it neither knew nor could have known of the defect about which the warning was required. Thus, comment k, by focussing on the blameworthiness of the manufacturer, sets forth a test which sounds in negligence, while imposition of liability for failure to warn without regard to the reason for such failure is consistent with strict liability since it asks only whether the product that caused injury contained a defect. (See Little v. PPG Industries, Inc. (1978), 19 Wash.App. 812, 579 P.2d 940, 946.)

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