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Messages - jackson123

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Current Law Students / Products Liability Question
« on: May 15, 2009, 05:22:31 PM »
Just took my torts final and have a question.  The question was dealing with a vitamin supplement that contained ephedrine and the user had a seizure.  The fact pattern talked about the label of the product saying basically that it had a poor warning and that in studies ephedrine had been linked to seizures.  The call of the question asked what advice you would give the plaintiff.  I anazlyzed the question under failure to warn and next talked about the possiblity of a strict liability products action as well as a negligence theory.  My question is:  can you have both a failure to warn and strict products liability action for the same product? Is the failure to warn action limited to products that can't be made safer? 

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