Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Consumer Protection Law
Who Knew? Refining The "Knowability" Standard For The Future Of Potentially Hazardous Technologies, Scott P. Kennedy
Who Knew? Refining The "Knowability" Standard For The Future Of Potentially Hazardous Technologies, Scott P. Kennedy
Washington Journal of Law, Technology & Arts
As consumer technology becomes increasingly complex, so too does the manufacturer’s task in assessing the scope of its duty to warn of potential dangers. A recent decision by the United States Court of Appeals for the Ninth Circuit, Rosa v. Taser International, Inc., offers a prime illustration of this challenge through its analysis of a hazard posed by Taser weaponry. The Rosa court highlights a point of uncertainty in this area of law: courts typically determine which hazards were knowable at the time of manufacture as a matter of law, but they sometimes do so in the absence of …