What is the current state of the law on liability for failure to warn?

Of course, comment j is not directly applicable here, because it deals more directly with a failure to warn theory, rather than a design defect theory. Whereas an adequate warning will avoid liability on a failure to warn theory, it is but one factor to be weighed in the balance in a design defect case. "[U]nlike strict liability for design defects, strict liability for failure to warn does not potentially subject [defendants] to liability for flaws in their products that they have not, and could not have, discovered." (Carlin v. Superior Court, supra, 13 Cal.4th 1104, 1117, 56 Cal.Rptr.2d 162, 920 P.2d 1347.)