Heeding Presumption In NY Law? It Depends Who You Ask

Law360, New York ( January 11, 2013, 12:22 PM EST) -- Few theories of liability are as elusive and difficult to defend against as "failure to warn. " Given the hindsight borne of any accident, it is tempting to suggest, and for a jury to want to believe, that a few simple words of warning would have avoided a catastrophic consequence. . . .

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