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4963 A heating, ventilation, and air conditioning technician cannot recover under a theory of negligence per se because he is deemed to have sophisticated knowledge and thus he knew or should have known of the risk even though defendant failed to provide all the requisite information about the hazards and safety precautions required under the statute. However, the sophisticated user defense does not bar the technician from recovering under a strict liability theory if the dangers in the design outweigh the benefits of such design.CitationJOHNSON v HONEYWELL INTERNATIONAL INC. (The Sophisticated Air Conditioner Repairman) 179 CA4 549 [See: Johnson v. American Standard, Inc. 43 C4 56 (2008); Labor Code Sections 6390 and 6390.5; Evidence Code Section 669; Barker v. Lull Engineering Co. 20 C3 413 (1978); Restatement 2nd of Torts, Comment K to section 402A; Brown v. Superior Court 44 C3 1049 (1988)]
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