Friable Thoughts

Wednesday, April 02, 2008

Products Still Need to Contain Asbestos...

...to have an asbestos-related product liability claim. Plaintiff's lawyers have pushed a failure to warn theory to make manufacturers liable for another defendant's asbestos-containing products especially if that other defendant's asbestos-containing product is a replacement part. The claim is also popular if someone insulates a defendant's otherwise asbestos free product. However, you still need to show there was some asbestos-containing product used in, on, or next to a product. Something the plaintiff's were unable to show in IANNUCCI v. CLEAVER-BROOKS, INC., out in Pennsylvania. What a strange concept, at least to some plaintiff's lawyers.

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