“The Sophisticated User Defense”

“The Sophisticated User Defense” was included in the compendium to the Defense Research Institute’s (DRI) Product Liability Conference, held on April 16, 2009 in San Diego, California.  The article addresses recent trends in product liability law that have swung in the manufacturer’s favor, with decisions affirming the viability of defenses that may limit the pool of plaintiffs able to sustain a claim in product liability. It also addresses the differences between the sophisticated user defense and the obvious danger rule.