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- Title
Liability for Asbestos-Containing Connected or Replacement Parts Made by Third-Parties: Courts Are Properly Rejecting This Form of Guilt by Association.
- Authors
Behrens, Mark A.; Horn, Margaret
- Abstract
Some plaintiffs' lawyers are promoting the theory that manufacturers of products such as pumps and valves should be held liable for failure to warn individuals about the potential harms from exposure to asbestos in connected or replacement parts manufactured or sold by third-parties. This Article explores this issue and concludes that manufacturers should not be held liable for failure to warn about asbestos-containing external thermal insulation or replacement parts made by third-parties and used in conjunction with the manufacturer's product. This is the majoirty rule both inside and outside of the asbestos litigation context and is consistent with fundamental tort law principles and sound public policy.
- Subjects
UNITED States; PRODUCT liability of asbestos; MACHINE part manufacturing; THIRD parties (Law); ASBESTOS lawsuits; TORTS; PUBLIC policy (Law); MANUFACTURED products; LEGAL liability; ACTIONS &; defenses (Law); LAW
- Publication
American Journal of Trial Advocacy, 2014, Vol 37, Issue 3, p489
- ISSN
0160-0281
- Publication type
Article