New Jersey Supreme Court Agrees to Review Duty to Warn Ruling New Jersey Supreme Court, January 18, 2019
NEW JERSEY — In Arthur G. Whelan v. Armstrong International Inc. et al, various defendants convinced the New Jersey Supreme Court to review a ruling that manufacturers may be held liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute the parts.
The question before the Supreme Court in the matter is, “In a products liability case arising out of exposure to asbestos, does a manufacturer have a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts integral to the function of the manufacturer’s product, where the manufacturer did not fabricate or distribute the replacement parts?”
The plaintiff was diagnosed with mesothelioma and alleged asbestos exposure from various products, including boilers, valves, steam traps and brake drums. The alleged exposure took place during his work as a plumber and auto mechanic and through his hobby of restoring vintage cars.