September 30, 2011
IL Clarifies Duty Analysis, Post-Sale Duty to Warn in Products Case
In Jablonski v. Ford Motor Co., the Illinois Supreme Court held that duty analysis in a negligent-product- design case encompasses a risk-utility balancing test in which compliance with industry standards is relevant, but not dispositive. The court further refused to adopt a post-sale duty to warn for a product not defective at the time of manufacture. The opinion (pdf) is here.
Thanks to DePaul's Mark Weber for the tip.
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