(Md., filed in May of 2015): Arguing that a manufacturer does not has a duty to warn with respect to asbestos-containing products manufactured, supplied, or placed in the stream of commerce by third-parties.
On December 18, 2015, the Court held that a company is not generally liable for asbestos-containing parts it does not manufacture or place into the stream of commerce, but recognize that narrow circumstances exist where a manufacturer can be liable for products it has not touched. A manufacturer will have a duty to warn under negligence and strict liability when (1) its product contains asbestos components, and no safer material is available; (2) asbestos is a critical part of the pump sold by the manufacturer; (3) periodic maintenance involving handling asbestos gaskets and packing is required; and (4) the manufacturer knows or should know the risks from exposure to asbestos. The case was remanded back to the lower court.
This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]
This op-ed was originally published by DC Journal – Inside Sources. With Florida’s 2023 legislative session in the rearview mirror, Gov. Ron DeSantis remains under a microscope with pundits and […]
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