What is this mysterious “sophisticated user” defense that relieves the manufacturer or seller of product liability and bars you from seeking compensation?
A chainsaw that says, “do not hold the wrong end of a chainsaw.” A washing machine that says, “do not put any persons in this washer.” A Starbucks coffee cup that says, “Caution: contents hot.”
While these warning labels may be ludicrous, obvious, and even unnecessary at time, they serve as critical precautionary information that protects manufacturers or sellers from a plethora of potential ridiculous product liability lawsuits (such as “my child has been injured after I put him into a washing machine so he could wash himself”).
While such precautionary information is important when labeling products to prevent injuries, harm, and unnecessary litigation, there can be a blurred line between hazards that are obvious or knowable and those that are not as obvious. And that is what our Los Angeles product liability attorney is going to talk about today. The “sophisticated user” defense, the type of defense that may prevent you from seeking damages if the defendant(s) can prove that you were aware of the degree of danger or risks involved when using the product.
Contrary to the popular belief, the “sophisticated user” doctrine can apply not only in pharmaceutical drug lawsuits, but also in other product liability cases. In reality, a manufacturer, seller, distributor, or other defendant being sued for a manufacturing or design defect or failure to warn can attempt to mount this type of defense to avoid liability.
In product liability cases involving the defendant’s duty to warn, the defendant may call the plaintiff’s claims into question by arguing that the plaintiff was a “sophisticated user” who knew or should have known of the risks or hazards involved. In other words, the manufacturer, seller, or distributor may be able to prove that certain precautionary information was either unnecessary or inadequate.
If the defendant argues that the plaintiff – the party who suffered injuries or harm – is a sophisticated user who possesses special knowledge or expertise about the product and the risks and hazards of using it, the defendant may be able to prove that the user should not have been warned of those risks to prevent injuries.
Our Los Angeles product liability lawyer from the Compass Law Group, PC explains what elements must be proved by the defendant in order to nullify a plaintiff’s claim alleging failure to warn.
If you have been injured as a result of using a defective product, you may be entitled to seek compensation for your injuries, damages, and losses. However, it is paramount that you learn about all the potential defenses and arguments that manufacturers of sellers may use against you during litigation. Speak to our best product liability attorneys in Los Angeles in a free consultation.
No matter who the opposing party is, they can’t outwork, outwit or outspend Compass Law Group, PC. We will do everything that is necessary to win the case, and we’re here to help victims fight back against those who injured them.
Hiring the right personal injury attorney can often make the difference between getting the maximum settlement to account for your medical care, damages and lost wages or getting short changed or even having your case dismissed completely.
Have you been injured in an accident due to the negligence of others? Contact the Los Angeles personal injury attorneys at the Compass Law Group, PC because finding direction after an accident means having a great Compass on hand.