Apparent Manufacturer Theory of Liability Upheld for Subsidiary Insulation Cement Manufacturer Washington Supreme Court, November 1, 2018

WASHINGTON – In a case of first impression, the Washington Supreme Court adopted Section 400 of the Restatement (Second) Torts, recognizing a manufacturer’s liability for claims arising prior to the 1981 Product Liability and Tort Reform Act, and assessing such liability by applying the objective reliance test, which requires viewing all of a defendant’s relevant representations from the perspective of the ordinary, reasonable consumer, finding that a Court of Appeals Panel had erred in holding that objective reliance be judged only from the perspective of…
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