A staff attorney with the National Ag Law Center says Roundup herbicide is still at risk for litigation in parts of the country due to a failure-to-warn claim.
Brigit Rollins says failure-to-warn claims have been a trend in pesticide injury lawsuits in the past few years.
“Under this sort of state common law, a manufacturer of a product has a duty to warn consumers if there is a risk the manufacturer either is aware of or could reasonably foresee.”
An 11th Circuit Court in Atlanta, Georgia recently denied a request from Bayer to review a ruling that allowed a doctor to make a failure to warn claim against the company.
