ABSTRACT

InGeneral. When a post-sale warning obligation is imposed, the question of to whom the warning should be given will depend on the facts of a particular case, evaluation of the risks involved, the efficacy and feasibility of one warning strategy over another, and the likelihood that any warning will be conveyed to the users of the product or those vulnerable to injury or loss due to the product’s unsafe condition (Cover v. Cohen, 1984; Walton v. Avco Corp., 1992). State-by-state authority as to the appropriateness of such duties remains split, and some jurisdictions do not recognize a post-sale duty.