Tort law run amok

Walter Olson:

A product liability action filed in San Francisco alleges that “defendants failed to warn the plaintiff that playing with a sharp sword displayed in its store would result in the plaintiff slicing his hand when he attempted to place it back in its sheath.”

Comments

[Cornellian]

I'd agree that's tort law run amok, but only if that action survives a motion to dismiss. If the action is dismissed before discovery, then I'd say the system is working as it should.