• Product Liability,  Torts

    Sophisticated User Doctrine Applies in California

    There were a few posts I linked to in Blawg Review #155 that are worth highlighting in separate posts, just in case people bypassed Blawg Review #155. One of them is Drug and Device Law’s post on the California Supreme Court decision adopting the sophisticated user doctrine in product liability cases, Johnson v. American Standard, case no S139184 (Apr. 3, 2008). I especially like the way the post tackles this important distinction: We’ve often explained that the “learned intermediary doctrine” is just that — a doctrine, and not an affirmative defense. Plaintiffs bear the burden of proving causation as part of their case-in-chief. Plaintiffs must therefore prove that a different…