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Expert Analysis

'Duty To Warn' Requires Nuanced Reading In Calif.

Law360, New York ( May 29, 2014, 6:12 PM EDT) -- Two recent California cases demonstrate that the principles supporting the duty to warn in the area of negligence and strict liability require nuanced evaluation to ensure that slight factual differences from the controlling case law do not result in a court making a wholesale change to the legal landscape. Sanchez v. Hitachi Koki Co. Ltd. and Kesner v. Superior Court are useful illustrations of this issue, with one California court reaching a result demanded by the controlling case law even in the presence of allegedly distinguishing facts and another court's use of slight factual differences to establish a completely new duty to warn....

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