Suppliers of Compound Ingredient Not Liable for Accidental Burns
September 21, 2009
DOCUMENTS
- Opinion
FRESNO, Calif. - Manufacturers who supplied the ingredients for an incendiary device are not liable for burns caused by an accidental ignition, a California appellate court has held. Teston v. Valimet Inc., No. F055889 (Calif. Ct. App., 5th Dist.).
The Fifth Appellate District said in its Aug. 28 opinion that both the component-supplier and sophisticated-user defenses apply to defeat the plaintiff's failure-to-warn claims.
Luke Teston sued his employer, Quoin International, a successor firm and 150 "Does" in 2006 after he and another worker were badly burned in a flash fire while breaking up aluminum powder residue resulting from the production …
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