NCJ Number
128942
Journal
Trial Volume: 26 Issue: 10 Dated: (October 1990) Pages: 46-48
Date Published
1990
Length
3 pages
Annotation
This article reviews some basic materials that will help prove a failure-to-warn case. The first area to explore is the extent to which the defendant knew or should have known of the product danger.
Abstract
The seven means by which a defendant can learn about this danger are listed. The six warning materials to obtain are discussed such as any records describing how the warning was tested for understandability. The nineteen samples of questions to ask in deposing the designees of the defendant and expert witnesses are given. Types of warning phrases to look for are discussed as well as the caution that a company can have several versions of a warning. The common-sense defense concludes the article along with suggestions on checking on accident statistics and using a warnings expert early in the preparation of the case.