Vanderbilt Law Review
language, product liablity, duty-to-warn
This Note examines the problems associated with the duty-towarn doctrine and the non-English-speaking consumer or product user. Part II explains the current duty-to-warn doctrine, emphasizing when a warning is required, to whom the warning must be directed, and how the warning must be given. Next, Part III examines state and federal language-specific statutes, constitutional provisions, and case holdings, emphasizing the most recent cases addressing product warning requirements for non-English-speaking plaintiffs. Part IV then outlines the risks to both product sellers and consumers of continuing the current haphazard approach and suggests a statutory solution to the doctrinal confusion, drawing from the jurisdictional tenet of purposeful availment. Finally, Part V argues that traditional understandings of language and the law are no longer accurate, calling on legislatures and courts to adopt the doctrinal approach suggested in Part IV.
Thomas H. Lee,
Purposeful Approach to Products Liability Warnings and Non-English-Speaking Consumers Notes, 47 Vand. L. Rev. 1107
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/408