Product Liability -- active

City of Pomona v. SQM North America Corp.   (9th Circuit)

Unlimited historical liability

The NAM filed an amicus brief in the U.S. Court of Appeals for the 9th Circuit addressing the “risk-benefit” test for strict products liability as applied to historically used products. The City of Pomona, California, claims that a fertilizer product sold more than 70 years ago contained small amounts of naturally occurring perchlorate that contaminated the city’s groundwater supply. The resolution of this question has the potential to impact manufacturers because it involves the proper legal standard for strict product liability for historically used products. The NAM’s brief argues that a defendant cannot be liable for risks based on science and technology not available at the time a product was manufactured.

Related Documents:
NAM brief  (December 21, 2018)


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