A supplier can discharge its duty to warn under the “sophisticated intermediary doctrine,” defense if it: 1) provides adequate warnings to the product’s immediate purchaser, or sells to a sufficiently sophisticated buyer, and 2) reasonably relies on the buyer to warn end users about the harm.Kim v. Toyota Motor Corporation – (2016) C.A. 2nd/7, No. B247672
In a strict products liability action, evidence of industry custom and practice may be admissible, depending on the nature of evidence and purpose for introducing such evidence.
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