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Griffith v. Blatt8/15/2002
plied).
Comment j to that section requires a seller to give a warning if the seller "has knowledge, or by the application of reasonable, developed human skill and foresight should have knowledge" of the danger.
Pursuant to ORS 30.920(3), we must construe ORS 30.920(1) and (2) "in accordance with" the cited comments to Restatement (Second) of Torts ยง 402A, including the two comments quoted above. The quoted comments indicate that a seller of a drug may be required to give an adequate warning of the product's danger to a consumer when the seller has knowledge or should have knowledge of the danger.
At this stage of the case, we need not address precisely the extent of Stout's potential liability to plaintiff under ORS 30.920 for a failure to warn. It is sufficient for present purposes to conclude that, contrary to Stout's argument, Oregon's product liability statute does not create a defense to strict liability based on the learned intermediary doctrine. We conclude, therefore, that Stout was not entitled to summary judgment on plaintiff's strict liability claim.
The decision of the Court of Appeals and the judgment of the circuit court are reversed, and the case is remanded to the circuit court for further proceedings.
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