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Does New York Law Contain a Heeding Presumption? It Depends Who You Ask

On December 27, 2012 by Schnader

Few theories of liability are as elusive and difficult to defend against as “failure to warn.” This Alert details the split in how New York state and federal courts, sitting in diversity, address the question of whether it is the plaintiff or defendant that must prove that a person claiming to be injured by a product would or would not have heeded an adequate warning if given.

Please click here to read the full Alert.