According to Professors Henderson and Twerksi, the Reporters for the Restatement (Third) of Torts: Products Liability, “… post-sale warnings are probably the most expansive area in the law of products liability.” The authors go on to say that “[I]f you want to see people turn ashen white quickly, we recommend that you gather representatives from industry in a room and then flash the words ‘post-sale warnings’ on a screen.” They further describe post-sale warnings as “timeless” and a “monster duty.”
With this in mind, Henderson and Twerski and the members of the American Law Institute attempted to structure the analysis of this duty and to make it clear under what circumstances this duty would apply.
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