Sophisticated User: When Does a Jury Find Users to Have Sophisticated Knowledge after Determining Liability/Failure to Warn?

摘要

This study evaluates the legal term “sophisticated user.” With increasing frequency,Defendants are relying on this defense to mitigate a failure-to-warn finding. It is the jury’sduty to determine which users are sophisticated, based on jury instructions given by thejudge. This study evaluates the sophisticated user defense in terms of a recent Federal casefinding, in which a jury found a failure to warn, along with finding that the user wassophisticated. The jury instructions in this case include several elements, any one of whichmay lead a jury to determine that a Plaintiff is sophisticated without any corroboratingevidence; this study examines each element separately.