Maryland Court: Asbestos Defendants Can be Held Liable for Third-Party Replacement Parts

BALTIMORE –– The Maryland Court of Appeals has reversed an award of summary judgment to three asbestos defendants, finding that a manufacturer has, under limited circumstances, a duty to warn of asbestos-containing replacement component parts it has not placed into the stream of commerce.

In its Dec. 18 opinion, the state high court held that those circumstances include when the defendant’s product contains asbestos components and no safer material is available; when asbestos is a critical part of the product sold by the manufacturer; when periodic maintenance involving handling asbestos gaskets and packing is required; and when the manufacturer knew, …