The sophisticated user defense provides a defense to manufacturers in products liability failure to warn cases. The defense is premised on the theory that a manufacturer has no duty to warn users of the product who have the sophisticated knowledge necessary to understand the risks associated with use of the product. Courts are in disagreement, however, as to the validity of this defense in failure to warn actions. In this comment, the author traces the development of products liability law and analyzes the application of Restatement (Second) of Torts sections 388 and 402A in failure to warn cases. The author discusses the use of the defense by asbestos manufacturers and examines the validity of the defense in Maryland. Finally, the author proposes the elimination of strict liability failure to warn actions.
Downs, Christopher P.
"Comment: Duty to Warn and the Sophisticated User Defense in Products Liability Cases,"
University of Baltimore Law Review: Vol. 15:
2, Article 4.
Available at: https://scholarworks.law.ubalt.edu/ublr/vol15/iss2/4