Product Liability -- 2018

Juni v. A.O. Smith Water Prods. Co.   (New York Court of Appeals)

Opposing any exposure theory of causation in asbestos case

The NAM filed an amicus brief opposing the any exposure theory of causation in asbestor liability. This case was another in a series of cases involving how much exposure to asbestos is enough to cause injury. The lower courts in New York rejected plaintiffs' argument that any exposure is enough. The plaintiffs argued that mechanics and their family members should only need to prove that they were exposed to any amount of asbestos in order to relieve them from having to prove causation or harm. Empirical studies that take into account the amount of exposure have determined that, in most cases, mechanical workers were not exposed to enough asbestos for it to be harmful. The NAM's brief asked the New York's highest court, the New York Court of Appeals, to agree that the plaintiffs would have to show that workers were exposed to enough asbestos to actually cause harm in order to prevail in their case. The court agreed with the NAM's arguments and ruled against plaintiffs.

Related Documents:
NAM amicus brief  (January 24, 2018)


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