Continuing Duty to Warn: An Opportunity for Liability Prevention or Exposure
本文探讨制造商在销售后警告消费者产品风险或缺陷的侵权法义务,认为若风险无法知晓或预见,不应基于销售时警告不足而追究责任,并讨论了售后未警告和召回问题。
The author examines the tort law surrounding manufacturers’ post-sale duty to warn consumers of product risks or defects. Using examples and possible scenarios, the author argues that liability based on inadequate warnings at the point of sale should not be imposed if the risk could be neither known nor anticipated. The author also addresses post-sale failure to warn and recall.