1 Elements and Case Citations
- The manufacturer breached its duty to warn;
- a. About latent dangers resulting from foreseeable uses of its product of which it knew or should have known; or
- b. About the danger of unintended uses of a product provided these uses are reasonably foreseeable;
- The breach of the duty to warn rendered the product defective, i.e., reasonably certain to be dangerous; and
- The defect was the proximate cause of the plaintiff’s injury.
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.