Liriano v. Hobart Corp.

Citation

92 N.Y.2d 232 (1998)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

A failure-to-warn claim can go to the jury even without direct evidence that the plaintiff read or would have heeded the warning, if a warning was legally required and the risk materialized; the burden shifts to the defendant to show the warning would not have been heeded.

Significance

Relaxed the causation requirement in failure-to-warn cases; Calabresi opinion on warning adequacy and the heeding presumption.

Courses