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Manufacturers of products containing asbestos may be liable for mesothelioma or other injuries caused by the asbestos in those products. The liability of manufacturers of products that do not contain asbestos but release asbestos fibers from other products is not as clear. California courts have previously addressed the issue of liability for “adjacent” products that are used in conjunction with another product. Under California law, a manufacturer will generally not be liable in either strict liability or negligence for injuries caused by a product it did not manufacture. There is an exception to this rule when the manufacturer’s own product substantially contributed to the injury.
There must be a special relationship between the defendant’s product and the alleged harm for the exception to apply. In determining if there is a special relationship, the court should consider whether the manufacturer’s product is necessarily used with another product and whether the use of the products together creates a danger. A duty may be imposed when the product’s intended use “inevitably creates a hazardous situation.”
The California Court of Appeal considered this issue in Sherman v. Hennessy Industries, Inc. The plaintiffs alleged that the defendant’s predecessor designed and sold an arcing machine with the “sole function” of abrading brake linings that contained asbestos. They alleged that the decedent was exposed to asbestos in the asbestos dust her husband brought home after using the machine. They further alleged that this exposure caused the decedent to develop mesothelioma.
The defendant sought summary judgment, arguing that the machine did not contain asbestos. The defendant further argued that it could not be held liable in strict liability for an injury from a product that it did not make or distribute unless the machine’s sole intended purpose had been to abrade brake linings that contained asbestos. The defendant argued that the plaintiffs could not make this showing because the machine was capable of abrading brake linings that did not contain asbestos, which the defendant argued were available in the 1960s and 1970s. The plaintiffs provided evidence that the machine was designed to grind a certain type of brake linings, which at the time in question “almost universally” contained asbestos. The trial court granted summary judgment.
The court found that the machine was designed to abrade drum brake linings for cars and light trucks, and the overwhelming majority of such brake linings contained asbestos at the time in question. Although it was possible to use the machine with brake linings that did not contain asbestos, the defendant focused on machine users who were working with asbestos-containing linings. The company started offering an asbestos dust collection system for the machine in 1973. The court noted that drum brake linings that contained asbestos were “near universal” and found that it would be “virtually inevitable” for an average user to be exposed to asbestos dust.
The court further determined that the relationship between the machine and the injury was sufficient to satisfy the factors of the exception. The plaintiff’s evidence had shown that the machine was necessarily used with drum brake linings and that the combined use created asbestos dust. The court found that the machine was intended to be used with brake linings for the activity that created the asbestos dust. The court further found that the creation of asbestos dust was inevitable and not just foreseeable. The court stated that the issue was not whether brake linings containing asbestos were necessary to operate the machine, but whether a person using the machine as intended at the relevant time “would invariably have been subjected to asbestos dust.” The court found that he would.
The appeals court reversed the judgment and remanded.
This case was decided under California law, but our knowledgeable mesothelioma attorneys understand that other states may address this issue differently. It is important to analyze the facts of a case under the relevant state law to determine the potential liability of a particular defendant.
Help for mesothelioma victims can be found at The Ferraro Law Firm by calling (888) 554-2030. Offices in Miami and Washington, D.C.
Additional Resources:
Sherman v. Hennessy Industries, Inc., June 18, 2015, Court of Appeal of the State of California Second Appellate District, Division Four
More Blog Entries:
Court Rules in Macias v. Saberhagen Holdings, Inc. Respirator Company May be Responsible, August 21, 2012, Miami Asbestos Injury Lawyer Blog
Frequently Asked Questions
Frequently Asked Questions
01.
How do I know if I need a mesothelioma lawyer for my case?
If you’ve been diagnosed with mesothelioma or another asbestos-related disease—or suspect that you were exposed to asbestos in a work setting or through asbestos-containing products—speaking with a mesothelioma lawyer can help clarify your legal rights. At Ferraro Law, we assess the details of your situation, identify companies responsible, and explain the legal process so you can determine if pursuing a claim aligns with your needs.
02.
What can I expect from working with a mesothelioma law firm?
A reputable mesothelioma law firm like Ferraro Law offers more than legal advice—we provide empathy, transparency, and a strategic approach tailored to your circumstances. Our attorneys will gather evidence, consult with medical experts familiar with asbestos-related illnesses, and explore options such as asbestos trust funds. Throughout the legal process, we remain committed to open communication, ensuring you feel informed and supported.
03.
Will I need to go to court if I’m seeking compensation for asbestos exposure?
Not all asbestos cases require a trial. Many mesothelioma lawsuits lead to settlements that fairly address medical expenses, lost income, and other hardships. However, if a settlement isn’t possible, our experienced trial attorneys are prepared to represent you in trial. Ferraro Law’s priority is to help you pursue compensation that encompasses your full experience, whether it’s achieved through negotiation or litigation.
04.
How long does asbestos litigation usually take?
Every case is unique. Timelines depend on factors like the complexity of your mesothelioma diagnosis, how quickly we can identify liable parties, and the responsiveness of the defense. While some matters resolve in months, others may take longer. At Ferraro Law, we keep you informed at every turn, providing realistic expectations and ongoing guidance so you never feel lost in the legal process.
05.
How can a mesothelioma law firm help me handle the financial burdens of my illness?
From paying medical bills to lost wages, patients diagnosed with mesothelioma or other asbestos-related disease often face significant financial pressure. Our legal representation focuses on securing the resources you need, whether through mesothelioma settlements, compensation from asbestos trust funds, or, if necessary, court-awarded damages. By holding companies responsible for unsafe conditions and negligence, we strive to ease your financial burdens so you can focus on your health and treatment.
06.
How do I know if my asbestos exposure is connected to my mesothelioma diagnosis?
Establishing a link between asbestos exposure and a mesothelioma diagnosis often involves examining your work history, living conditions, and any direct contact with asbestos containing products. At Ferraro Law, our team will gather evidence, review employment records, and consult with medical experts to confirm exposure sources. This thorough investigation helps us demonstrate the role asbestos-related factors played in your illness, which is essential for building a solid legal claim.
07.
Is it too late to file a mesothelioma claim if I was diagnosed years ago?
Each state has its own statute of limitations affecting how long after an asbestos-related diagnosis you can file a claim. Even if years have passed, it may still be possible to pursue asbestos lawsuits or tap into available asbestos trust funds. Ferraro Law’s attorneys stay informed on these deadlines and will assess your case to determine the best path forward, ensuring you don’t miss an opportunity to seek compensation.
08.
What if I’m not sure which companies are responsible for my asbestos exposure?
Identifying companies responsible for your asbestos exposure can be complex, especially if decades have passed since you were first exposed to asbestos. We conduct in-depth investigations, consult industry records, and utilize established databases on known asbestos companies. By pinpointing all liable parties, we can build a case that reflects the full scope of their responsibility and work to achieve a favorable outcome.
09.
Can a mesothelioma law firm assist if my loved one passed away from asbestos-related illness?
Yes. If your family member died due to asbestos related disease, including conditions like mesothelioma cancer, you may have grounds for a wrongful death lawsuit. Ferraro Law’s empathetic attorneys understand the emotional toll this situation places on families. We’ll guide you through the legal process, help you understand your rights, and pursue compensation that acknowledges both the personal loss and financial burdens you’ve endured.
10.
How do mesothelioma settlements differ from other forms of compensation?
Mesothelioma settlements are agreements reached between your mesothelioma law firm and the liable parties’ representatives. Unlike a trial verdict, which involves a judge or jury, settlements are negotiated resolutions. They often provide a more predictable and timely way to cover your medical bills, living expenses, and other losses. At Ferraro Law, we negotiate from a position of strength, aiming for a settlement that genuinely reflects your needs. If a fair agreement cannot be reached, our seasoned trial attorneys are prepared to seek justice in court.
11.
Will hiring a mesothelioma lawyer add to my financial strain?
We understand the financial worries that come with asbestos exposure and a serious diagnosis. Ferraro Law operates on a contingency fee basis, meaning you owe nothing unless we achieve a successful outcome. This arrangement removes immediate cost barriers and allows you to focus on your well-being, knowing you have dedicated, risk-free legal representation on your side.
12.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. We represent clients nationwide. Our extensive experience in complex litigation and specialized claims means that we can effectively advocate for your rights, no matter where you live.
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