Patrick Lynch (Associate-Seattle, WA) authored “A Plaintiff Cannot Claim Failure to Warn When They Did Not Read,” published in the Winter 2024 Committee News, the ABA Business Litigation / Litigation & Trial Practice newsletter. Patrick examines two Washington product defect cases where defendants secured summary judgment dismissals based on a little-known but critical nuance in product defect law. As lead counsel in one of the highlighted cases, Patrick explains that, while a plaintiff can establish liability in most cases under strict liability, failure to warn claims are unique, with plaintiffs unable to rely on strict liability and instead are required to demonstrate that new warnings would have prevented their injuries and that they would have read these hypothetical new warnings. He notes that the decisions “highlight the need for counsel representing product manufacturers to establish not only the reasonableness of the warnings that existed at the time the product shipped but also the manner in which the plaintiff interacted with all warnings associated with the use of their product.” Patrick provides deposition techniques for product liability cases and strategies to secure dismissals.

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