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[9WashJLTech&Arts267] Who Knew? Refining the "Knowability" Standard for the Future of Potentially Hazardous Technologies

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dc.contributor.author Kennedy, Scott P.
dc.date.accessioned 2014-06-11T17:44:28Z
dc.date.available 2014-06-11T17:44:28Z
dc.date.issued 2014-06
dc.identifier.citation 9 Wash J.L. Tech. & Arts 267 (2014) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1340
dc.description Washington Journal of Law, Technology & Arts, Volume 9, Issue 4, Spring 2014 en_US
dc.description.abstract Abstract: 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 highlighted 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 a comprehensive standard. This Article evaluates the Ninth Circuit’s approach as a potential model for other courts. After a brief survey of U.S. products liability law pertaining to the “knowability” requirement, this Article analyzes the Rosa decision. Although the Rosa court bemoaned the absence of a comprehensive standard for making this determination in California, the court’s reasoning implicitly suggests a three-part test that could serve as a model in California and elsewhere. Such a standard would reduce the legal uncertainty faced by manufacturers assessing the extent of their duty and by plaintiffs assessing the strength of their claims. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Corporate & Commercial en_US
dc.title [9WashJLTech&Arts267] Who Knew? Refining the "Knowability" Standard for the Future of Potentially Hazardous Technologies en_US
dc.type Article en_US
dc.rights.holder © Scott P. Kennedy en_US


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