The Naked Truth About the So-Called ‘Bare Metal’ Defense: A Commentary

The following is a Commentary by Daniel P. Blouin and Ryan Kiwala of Simmons Hanly Conroy LLC. For more on the authors, see below.

A manufacturer’s obligation to protect users from hazards associated with its products’ intended uses has long been recognized, even where those hazards arise from the combined use of the product with products manufactured and sold by third parties. However, equipment manufacturers frequently claim they are unfairly included as defendants in asbestos litigation, contending they owed no duty to end users with regard to asbestos hazards because the offending asbestos fibers emanated from materials appurtenant to …