Wash. High Court Again Says that Strict Product Liability is Retroactive

SEATTLE -- The Washington Supreme Court has reiterated its opinion that strict product liability applies retroactively to all cases not subject to procedural preclusions or governed by tort reform acts, rejecting defense efforts to claim that the court had issued conflicting opinions. Lunsford, et al. v. Saberhagen Holdings Inc., et al., No. 80728-1 (Wash. Sup. Ct.).

In the June 4 decision, the high court addresses the question of whether strict product liability is retroactive in that it would apply to a lawsuit claiming asbestos exposure took place before the adoption of strict product liability.

The underlying claims were asserted by …