Robert R. Dean, et al. v. Barrett Homes, Inc. et al.
(A-15-09) 11-15-10
The economic loss rule embodied in the Products
Liability Act precludes recovery of damages for harm
that the EIFS caused to itself. The purpose of the
Act to provide a remedy for harm that a defective
product causes to people or property. There is no
room to expand it to create a new remedy for the cost
of replacing the product based on assertions that it
failed to perform as expected. However, because the
EIFS was not fully integrated into the structure,
plaintiffs retain a cause of action against the
product’s manufacturer to the extent that the product
caused damage
