Arthur G. Whelan v. Armstrong International,Inc.(081810) (Middlesex County & Statewide) (A-40/41/42/43/44/45/46-18; 081810)
Manufacturers and distributors can be found strictly liable for failure to warn of the dangers of their products, including their asbestos-containing components and a third party’s replacement components, provided a plaintiff can prove the following: (1) the manufacturers or distributors incorporated asbestos-containing components in their original products; (2) the asbestos-containing components were integral to the product and necessary for it to function; (3) routine maintenance of the product required replacing the original asbestos-containing components with similar asbestos-containing components; and (4) the exposure to the asbestos-containing components or replacement components was a substantial factor in causing or exacerbating the plaintiff’s disease.
