Is a supplier liable for failing to warn the purchaser that their product is dangerous?

California, United States of America


The following excerpt is from Webb v. Special Elec. Co., 202 Cal.Rptr.3d 460, 370 P.3d 1022, 63 Cal.4th 167 (Cal. 2016):

relieve the supplier from liability.... The question remains whether this method gives a reasonable assurance that the information will reach those whose safety depends on their having it." (Rest.2d Torts, 388, com. n, p. 308; see Vondra v. Chevron U.S.A., Inc. (D.Neb.2009) 652 F.Supp.2d 999, 1007 ["proof that an intermediary knows the product is dangerous will not always absolve the supplier of a duty to warn ultimate consumers"].) In addition to warnings or sophistication of the purchaser, it must have been reasonable for the supplier to rely on the purchaser to warn others who would foreseeably encounter the hazardous product.

Other Questions


Is a supplier liable for failing to warn the purchaser that their product is dangerous? (California, United States of America)
What is the test for determining whether a defendant is liable for the difference between the amount purchased by a purchaser and the amount paid by the purchaser? (California, United States of America)
Can a company be held liable for failing to warn that a product has a dangerous propensity to injure someone? (California, United States of America)
Is a manufacturer liable for failing to warn of a defect in a product? (California, United States of America)
Is there any product hazard coverage where a contractor has purchased a general liability policy that does not include 'products hazard' coverage? (California, United States of America)
When a prospective purchaser offers a piece of his own property as security for part of the purchase price, does the prospective purchaser have a right of first refusal? (California, United States of America)
Does a supplier of raw material have a duty to warn employees of the purchaser that the product contains the raw material? (California, United States of America)
Does a failure to warn of dangers inherent in a product constitute a defective product? (California, United States of America)
Can a police officer be held liable for intentional infliction of emotional distress for failing to intervene or protect a plaintiff? (California, United States of America)
What is the current state of the law on knowability of a manufacturer of a product that fails to warn? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.