2005-2006 State Warnings Liability Survey

Warnings cases are complex challenges for the products liability litigator. The strength of a product's warning often determines the likelihood of defense liability for product injuries. The warnings jurisprudence of the fifty states varies greatly, presenting special concerns for the litigator and for the corporate defense planners. The Section of Litigation's Products Liability Committee very much appreciates the time and effort put forward by dozens of superb lawyers in assembling the 2005-2006 State Warnings Liability Survey.

Warnings cases in the states, and by extension in the federal trial courts, can be examined by region or nationally through an evaluation of the common results from the categories examined. Many states have comparable and in some cases quite similar results. The reader is cautioned that the influence of recent statutory changes makes these survey results subject to the inevitable variations as new precedents and new statutes alter the landscape in a particular state. Suggestions for future updates and improvements are welcomed by the individual state authors and by the general editor for the Committee Monograph project in the future.

All summaries are available in PDF format ().

Editor's note: This online compendium should be used as only a starting point and not a substitute for original research. The views expressed in the Compendium are those of the contributing authors and not necessarily those of their employers or the American Bar Association.