D'uh! Explicit warnings shield manufacturer from liability when ATV operator ignores warnings
In Koruba v. American Honda Motor Co., Inc., an
Appellate court affirmed dismissal on summary
judgment the plaintiff's product liability
failure-to-warn lawsuit where, despite an ATV
manufacturer's warnings in the owner's manual and
oral warnings by the retailer seller at the time of
sale, the plaintiff attempted an extreme jump and
sustained serious injury. The court found that the
plaintiff's expert opinion on the need for on-product
labeling was a net opinion on neither epidemiological
data or empirical research linking such need to the
magnitude of risk associated with jumping. The court
also found no basis for the expert's other opinion
that Honda's promotional marketing of its ATV sent a
mixed message to consumers, resulting in their
failure to heed warnings actually given.
