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When the User of a Cosmetic or Over-The-Counter Drug Has

Question 87

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When the user of a cosmetic or over-the-counter drug has an adverse reaction to that product, ordinary consumers (i.e., not sophisticated users) have sometimes brought a negligent failure-to-warn action. Describe at least one approach or test used by courts in determining whether a plaintiff can prove negligence in these types of cases.

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Many courts find that there is no duty t...

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