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Duty to Warn Negated by Sophisticated User

Monday, February 17, 2003 | 0

A product liability claim concerning injuries from inhaling silica sand was not actionable under Iowa law, because the employer was a sophisticated user of the sand, and defendant therefore had no duty to warn of the risks posed by excessive exposure, ruled the United States Court of Appeals for the 8th Circuit.In Bergfeld v. Unimin Corp. (02/11/03 - No. 02-2114), from 1976 to 1983 Lockheed Martin sold silica sand to John Deere Dubuque Works Foundry for use in making molds and cores. The Material Safety Data Sheet provided by Lockheed Martin described silica as "nontoxic." When used ...

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