Building Momentum Against An Expanded Duty To Warn
Two recent decisions by the California Supreme Court and the federal judge overseeing the asbestos multidistrict litigation (MDL) bolster the existing body of law limiting the tort liability of manufacturers to products that they actually manufactured. Capping a trend of recent favorable opinions from other states, these courts confirmed that manufacturers do not have tort liability for replacement parts, accessories or other products associated with the use of their products.
In a much anticipated opinion in O’Neil v. Crane Co., the California court rebuffed an attempt to impose liability on manufacturers of pumps and valves for a plaintiff’s exposure to asbestos-containing insulation and gaskets — manufactured by other companies — which were subsequently used in conjunction with the defendants’ products. — P.3d — (Cal. Jan. 12, 2012).
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