This article will examine the scope of the duty to warn in Alabama, including who owes a duty, when a duty arises, exceptions to the duty, and presumptions. The article will address these duty issues within the context of cases arising under negligence and wantonness theories or under the Alabama Extended Manufacturers Liability Doctrine (hereinafter “AEMLD”). Specifically this article will answer the following questions:
1. What is the general scope of the duty to warn and instruct in this state?
2. Were the warnings or instructions adequate?
3. Who do you have to warn?
4. Law regarding drugs and devices
5. Is it always necessary to warn?
6. Is there a heeding presumption in this state?
7. What defenses are available to those within the chain of distribution?
8. Is an expert required on warning issues?
9. Has the duty to warn been preempted with respect to any product in this state?