STORY FROM: Asbestos

N.J. Appellate Court Reverses Awards of Summary Judgment, Says Defendants’ Liability Extends to Dangers Created by Component, Replacement Parts

JERSEY CITY, N.J. –– A New Jersey appellate court has reversed awards of summary judgment in an asbestos case, finding that, under the limited circumstances, the “manufacturer’s liability for a failure to warn extends to the danger created by the component and replacement parts.”

In an Aug. 6 opinion, the New Jersey Superior Court, Appellate Division, opined that it was foreseeable that the asbestos-containing component parts of the product would be replaced with similar asbestos-containing parts.

“We conclude that a duty to warn exists when the manufacturer’s product contains asbestos components, which are integral to the function of the product, ...

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