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 in the New York Court of Appeals opposing the “any” exposure theory of causation in this asbestos liability case. The lower courts in New York rejected plaintiffs’ argument that any exposure to asbestos is enough to prove causation after 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. An imposition of a duty of care to third parties will permit potentially limitless and indefinite liability. The NAM’s brief urged the court to reject the “any” exposure theory and instead require the plaintiffs to show that workers were exposed to enough asbestos to actually cause harm in order to prevail in their case. In a win for manufacturers, the Appeals Court agreed with the NAM’s arguments and ruled against plaintiffs.


Related Documents:
NAM brief  (January 24, 2018)