Ve. Schwartz, CONTINUING DUTY TO WARN - AN OPPORTUNITY FOR LIABILITY PREVENTION OR EXPOSURE, Journal of public policy & marketing, 17(1), 1998, pp. 124-126
The author examines the tort law surrounding manufacturers' post-sale
duty to warn consumers of product risk or defects. Using examples and
possible scenarios, the author argues that liability based on inadequa
te warnings at the point of sale should not be imposed if the risk cou
ld be neither known nor anticipated. The author also addresses post-sa
le failure to warn and recall.