Courts can date a duty to warn only from when harm becomes predictable.

Evidence

Riley had known as early as the 1950s that tannery waste on the fifteen acres could pollute the Aberjona marsh. Trying to follow the judge’s logic, Schlichtmann had said, “It’s like someone slipping a cyanide capsule into a bottle of Tylenol and putting it on a drugstore shelf late one night. — , Harr Jonathan - A Civil Action, 2242

Categorization

  • SHARE: The Tylenol/cyanide analogy is a nerdy, precise illustration of how the timing of knowledge defines legal liability — worth sending to someone who follows tort law.
  • CANDY: A punchy tweetable analogy: the crime only begins when the drugstore opens.