Case Updates
Outcome
December 11, 2008
The Washington Supreme Court held that manufacturers of nonhazardous products have no duty to warn of the dangers caused by the post-sale addition of asbestos to the product.
U.S. Chamber files amicus brief
January 14, 2008
The Chamber urged the Washington Supreme Court to decline to assign liability to a product manufacturer for failing to warn about hazardous products used by others in combination with its products. In this case, the defendant sold valves which were sold to the Navy to use on their ships. The Navy covered the valves with asbestos insulation. The court of appeals held that the defendant-manufacturer could be held liable for failing to warn about the asbestos put on the product post-sale by the Navy. If this broad duty were upheld, it would not only expand asbestos liability but could expand the duty to warn for others as well. In its brief, the Chamber described the asbestos litigation environment and argued that expanding the post-sale duty to warn represented unsound public policy.
This case is also known as Braaten v. Buffalo Pumps, Inc., et al.
Review granted
January 09, 2008
U.S. Chamber urges Washington Supreme Court to review post-sale duty to warn of hazards created by combining asbestos with manufacturer’s product
June 28, 2007
Click here to view the Chamber's amicus brief.
Case Documents
- Braaten v. Buffalo Pumps, Inc., et al. (NCLC Brief, 6-28-07).pdf
- Braaten v. Saberhagen Holdings, et al. (NCLC Brief, 1-14-08).pdf