At the beginning of October, the California Supreme Court upheld the decision made by the California Court of Appeal in the case of Sherman v. Hennessy Industries.
In this case the Appeal Court ruled that the manufacturer of a product which is inherently safe can be liable for injuries caused by unsafe products used with that safe product.
The case involved an arcing machine which is a type of saw used to customize brake linings. The manufacturer of the saw was found to be liable for injuries caused by the asbestos dust in some brake linings, even though the machine itself did not have any asbestos.
This means that in California, the rule states that plaintiffs can sue manufacturers of safe machines if they sold them to businesses which they knew would use them in conjunction with products which do contain asbestos.
This decision means that those who make such safe products can also to be sued, adding more operational expense, because even though the injury was caused by another company, many of those are now bankrupt following decades of asbestos related litigation.
If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.
