On a failure to warn claim, the defendant may establish its prima facie entitlement to summary judgment by demonstrating that any allegedly inadequate warnings were not a proximate cause of the plaintiff's injuries, that is., that additional or different warnings would not have deterred the plaintiff's misuse of the product. The defendant may meet its burden with testimony establishing that the plaintiff did not read the instructions or the owner's manual.
Ardi v. Miller, NY Slip Op 02641 (1st Dep't May 1, 2025)
