Photo: Pier Giorgio Mariani / iStockphoto.com Manufacturer Can Be Strictly Liable for Products Made and Sold by Others, Says NJ Supreme Court
On June 3, 2020, the New Jersey Supreme Court ruled that "manufacturers and distributors can be found strictly liable for failure to warn of the dangers of their products, including their asbestos-containing components and a third party's replacement components."
December 09, 2020 at 02:00 PM
8 minute read
On June 3, 2020, the New Jersey Supreme Court ruled that "manufacturers and distributors can be found strictly liable for failure to warn of the dangers of their products, including their asbestos-containing components and a third party's replacement components." Under a four-part test established by the Court, to prevail a plaintiff must prove: "(1) the manufacturers or distributors incorporated asbestos-containing components in their original products; (2) the asbestos-containing components were integral to the product and necessary for it to function; (3) routine maintenance of the product required replacing the original asbestos-containing components with similar asbestos-containing components; and (4) the exposure to the asbestos-containing components or replacement components was a substantial factor in causing or exacerbating the plaintiff's disease." Although the case focused on asbestos-related products, the impact on products liability for manufacturers and distributors may ultimately be much more far-reaching.
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