California Adopts "Sophisticated User" Defense

On April 3, 2008, the California Supreme Court unanimously held that the "sophisticated user" defense applies in California to both negligence and strict liability causes of action. Under the sophisticated user defense, "[a] manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk, harm, or danger, if the sophisticated user knew or should have known of that risk, harm, or danger." (Johnson v. American Standard, CA Supreme Court No. S139184.) Because sophisticated users are charged with knowing the particular product's dangers, the failure to warn about those dangers is not the legal cause of any harm that product may cause.