Study On The Post-sale Duty To Warn

The producer or the seller will bear a post-sale duty to warn if defects that will bringin losses for users are found after their products entered into market. The requirement ofthe defects is that the defects are known by the producer or the seller after the productsentered into the market, not the defects are existed after the selling. Different from theon-sale duty warn or the post-sale duty to recall, the post-sale duty to warn is a duty existedindependently, not the part of the follow-up observation obligations. When judgingwhether there is a post-sale duty to warn shall take the following factors into consideration:nature of the product, nature of the losses, finding the users, warning cost and so on.Post-sale duty to warn is part of duty of care, asking the producer or the seller to takewarning actions. However is not mandatory,“no warning” itself is not illegal. If there is apost-sale duty to warn, however the producer or the seller did not take warning actions,when there exist losses, the producer or the seller shall take the tort responsibility.When considering the tort responsibility, the producer or the seller is presumed tohave fault, and the producer or the seller shall prove that they have no fault. The produceror the seller shall compensate the user’s losses, but they will not take the punitive compensation.