Product Liability -- 2000
Tompkin v. American Brands
(6th Circuit)
Common knowledge doctrine
On 8/28/00, the NAM filed an amicus brief urging the Sixth Circuit Court of Appeals to reevaluate its initial ruling on the common knowledge doctrine with a rehearing en banc. The common knowledge doctrine shields manufacturers from liability when the risk of a harm associated with a product is a matter of ordinary knowledge common to the community. The Court’s decision holds that a risk is not a matter of common knowledge unless the public has a relatively precise understanding of the degree of risk. The NAM was concerned that this unprecedented requirement would subject manufacturers to liability even when the existence of a risk of injury is widely recognized. The court refused to rehear the case.
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