Washington Refuses to Find Manufacturer Liable for Failure to Warn of Hazards of Another's Product Used As a Replacement Component
Taking it a step further, in a second asbestos product liability case decided today, Braaten v. Saberhagen Holdings the Washington Supreme Court refused to hold a manufacturer liable for duty to warn of dangers of exposure to asbestos in replacement parts that it did not manufacture.
The products in issue were pumps, which used asbestos packing and gaskets. The manufacturers did not specify that asbestos packing and gaskets had to be used when the original packing and gaskets were replaced.
The defendant manufacturers did not sell replacement packing or gaskets and plaintiff was not able to sufficiently demonstrate that he was exposed to the original product. The court noted that even where the replacement products were virtually the same as the original there would be no liability where defendant was not the manufacturer. This opinion is pretty strong, but maybe there would be a claim for design defect if asbestos containing components were specified by the manufacturer, or, if this didn’t involve asbestos.
The case also refused to impose liability in connection with exposure to the asbestos insulation used around the pumps.
Again, three judges dissented.
