Case Updates
California appeals court declines liability for post-sale duty to warn
February 16, 2010
A California appeals court declined to assign liability to a product manufacturer for failing to warn about hazardous products used by others in combination with its products.
U.S. Chamber files amicus brief
September 03, 2009
NCLC urged a California appeals court to decline to assign liability to a product manufacturer for failing to warn about hazardous products used by others in combination with its products. In this case, a third party affixed asbestos to pumps sold by Warren Pumps. The lower court held that the manufacturer could not be held liable for failing to warn about the asbestos put on the pumps post-sale. If a broad duty is upheld, the court would not only expand asbestos liability but could expand the duty to warn for others as well. In its brief, NCLC described the asbestos litigation environment and argued that expanding the post-sale duty to warn represented unsound public policy.