Last updated: 4/13/2015
400.07B. Strict Product Liability-Duty to Warn-Learned Intermediary Doctrine
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Description
400.07B Strict Product Liability--Duty To Warn--Learned Intermediary Doctrine The [type of product, e.g. drug] involved in this case can only be obtained with a prescription from a physician. For this reason, the [type of defendant, e.g. manufacturer] has a duty to adequately warn only [the learned intermediary involved] of the [dangers] [potential adverse reactions] of which it knew, or in the exercise of ordinary care should have known, at the time the [product] left the [type of defendant]'s control. The [type of defendant] has no duty to warn the [consumer] [user] directly.
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