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New York Court of Appeals Broadens Manufacturers’ Duty to Warn Consumers

IN RE N.Y.C. ASBESTOS LITIGATION, 2016 WL 3495191 (N.Y. JUNE 28, 2016).

The New York Court of Appeals recently expanded manufacturer liability in the case of In re N.Y.C. Asbestos Litigation. The Court determined that manufacturers of non-hazardous products may have a duty to provide adequate warning to their consumers about the danger of their product, if their non-hazardous product needs to be combined with a hazardous one for proper use. A non-hazardous product manufacturer could be subject to liability where their product requires a combination with a hazardous one, where the combination is necessary for proper use of the product. The Court justified its expansion upon a manufacturer’s duty, because it determined that a manufacturer has a “superior ability to garner information” and to evaluate risk to its consumers.

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