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CA Case to Decide Whether the Duty to Warn Covers Hazards Posed By Products of Others

By Malcolm Myers, Mark A. Behrens and Cary Silverman
September 29, 2010

Product liability law typically places liability for injuries upon a manufacturer or seller that exercises control over the product at issue, profits from its sale, or has developed a duty to the injured party. In essence, the law recognizes that the public expects reputable sellers to stand behind their goods. But what about products made by third parties, such as replacement internal parts or external parts that are attached to a product post-sale? The California Supreme Court is considering a case where the question is whether a duty to warn may be imposed on the manufacturer or seller of one product for hazards associated with products that are manufactured and sold by third parties. The issue, which arises in the context of asbestos litigation, could have significantly broader liability and policy implications.

A Radical Expansion of Tort Law

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