According to a recent news article from the National Law Review, the court of appeals in New York has ruled on a defendant’s duty to warn a potential plaintiff of the dangers of asbestos exposure. Specially, the question is whether the manufacturer of a non-asbestos product has a duty to warn others of the dangers of asbestos exposure because their product contains a third-party’s part, and that part contains asbestos.
While this seems rather complex, it makes more sense when we take a look at some of the facts of the case. In that case, plaintiff worked on boilers as a technician for the United States Navy for all of the 1960s and most of the 1970s. In his complaint, plaintiff alleged that he was exposed to deadly asbestos fibers as result of working around insulation on high heat steam valves on the boilers on which he worked. He was suing, among others, the company that manufactured these valves. Continue reading →