failure to warn claim (Washington) · Go Syfert
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failure to warn claim in Washington

13 Washington opinions name it 2 courts 1992–2019 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Ayers v. Johnson & Johnson Baby Products Co.green
wash · 1992 · cited in 5 Washington opinions naming this issue, 1997–2019
2 sentences

2019Avers,, 117 Wn.2d at 764 . 27 Mitchell testified about the cost of guards in the context of the risk-utility test.

2012See Simonetta, 165 Wn.2d at 349 n.4 (foreseeability of injury does not, in and of itself, create a duty to warn); see also Ayers, 117 Wn.2d at 760-62 .

15
Cipollone v. Liggett Group, Inc.green
scotus · 1992 · cited in 2 Washington opinions naming this issue, 1995–1995
2 sentences

1995Cipollone, 112 S. Ct. at 2621 .

1995See Cipollone, 112 S. Ct. at 2621 .

12
Simonetta v. Viad Corp.green
wash · 2008 · cited in 1 Washington opinions naming this issue, 2012–2012
1 sentence

2012See Simonetta, 165 Wn.2d at 349 n.4 (foreseeability of injury does not, in and of itself, create a duty to warn); see also Ayers, 117 Wn.2d at 760-62 .

11
Mayer v. Sto Industries, Inc.green
washctapp · 2004 · cited in 1 Washington opinions naming this issue, 2006–2006
1 sentence

2006The Court of Appeals held that, “[r]egardless of the difficulty in segregation, the trial court must perform the task.” Mayer, 123 Wn.

11
Nicholson v. United Technologies Corp.green
ctd · 1988 · cited in 1 Washington opinions naming this issue, 1994–1994
1 sentence

1994Nicholson v. United Technologies Corp., 697 F. Supp. 598, 604 (D.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Little v. PPG Industries, Inc. green
wash · 1979
2 sentences

1996Id. at 122 , 594 P.2d 911 .

1996Id. at 122 .

21996–1996
Smith v. Behr Process Corp. green
washctapp · 2002
1 sentence

2006The Court of Appeals held that, "[r]egardless of the difficulty in segregation, the trial court must perform the task." 123 Wash.App. at 460, 98 P.3d 116 (emphasis added) (citing Smith v. Behr Process Corp., 113 Wash.App. 306, 344-45 , 54 P.3d 665 (2002)).

12006–2006
Mayer v. Sto Industries, Inc. green
washctapp · 2004
1 sentence

2006The Court of Appeals held that, "[r]egardless of the difficulty in segregation, the trial court must perform the task." 123 Wash.App. at 460, 98 P.3d 116 (emphasis added) (citing Smith v. Behr Process Corp., 113 Wash.App. 306, 344-45 , 54 P.3d 665 (2002)).

12006–2006
Smith v. Behr Process Corp. green
washctapp · 2002
1 sentence

2006The Court of Appeals held that, "[r]egardless of the difficulty in segregation, the trial court must perform the task." 123 Wash.App. at 460, 98 P.3d 116 (emphasis added) (citing Smith v. Behr Process Corp., 113 Wash.App. 306, 344-45 , 54 P.3d 665 (2002)).

12006–2006
Boyle v. United Technologies Corp. green
scotus · 1988
2 sentences

1994If the failure-to-warn claim is merely duplicative of a design defect claim, there is merit to the argument that the defense should apply if the contractor has satisfied Boyle v. United Technologies Corp., 487 U.S. 500 , 101 L.

1994If the failure-to-warn claim is merely duplicative of a design defect claim, there is merit to the argument that the defense should apply if the contractor has satisfied Boyle v. United Technologies Corp., 487 U.S. 500 , 101 L.

11994–1994
Couch v. Mine Safety Appliances Co. green
wash · 1986
2 sentences

1992In Couch v. Mine Safety Appliances Co., 107 Wn.2d 232 , 728 P.2d 585 , 78 A.L.R.4th 139 (1986), this court discussed in dicta the legislative history of the design defect provision of RCW 7.72.030.

1992In Couch v. Mine Safety Appliances Co., 107 Wn.2d 232 , 728 P.2d 585 , 78 A.L.R.4th 139 (1986), this court discussed in dicta the legislative history of the design defect provision of RCW 7.72.030.

11992–1992

Statutes the citing opinions construe

WA § Wash. Rev. Code § 7.72.030 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 38 (1989–2025) CA 33 (1979–2026) NJ 21 (1986–2024) IL 17 (2005–2024) WA 13 (1992–2019) PA 11 (1997–2026) GA 11 (1997–2023) MS 10 (2012–2023) OH 10 (2000–2026) TN 10 (2001–2026) TX 8 (1989–2021) LA 8 (1995–2026) MD 7 (1989–2026) FL 7 (1998–2026) IN 7 (1990–2019) MO 6 (1990–2017) MI 6 (1992–2022) IA 6 (1999–2018) MT 5 (1992–2011) MN 5 (2004–2015) OR 5 (1997–2024) WI 4 (1999–2023) AL 4 (1986–2014) DE 4 (2020–2025) MA 4 (2007–2018) KY 3 (2020–2023) CT 3 (1995–2022) AZ 3 (2008–2018) WV 3 (2013–2018) DC 3 (1990–2022) ME 2 (2009–2009) SD 2 (2007–2016) CO 2 (1992–1993) HI 2 (1997–1998) VA 2 (2012–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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