Justia Products Liability Opinion Summaries

Articles Posted in Washington Supreme Court
by
The Washington Supreme Court was presented an issue of first impression: whether Washington should adopt the "apparent manufacturer" doctrine for common law product liability claims predating the 1981 product liability and tort reform act (WPLA). By this opinion, the Court joined the clear majority of states that formally adopted the apparent manufacturer doctrine. Applying that doctrine to the particular facts of this case, the Court held genuine issues of material fact existed as to whether a reasonable consumer could have believed Pfizer was a manufacturer of asbestos products that caused Vernon Rublee's illness and death. The Court reversed the court of appeals and remanded this case for further proceedings. View "Rublee v. Carrier Corp." on Justia Law

by
In this case, a manufacturer sold a surgical device to a hospital, which credentialed some of its physicians to perform surgery with the device. The manufacturer's warnings regarding that device were at the heart of this case: whether the manufacturer owed a duty to warn the hospital that purchased the device. The manufacturer argued that since it warned the physician who performed the surgery, it had no duty to warn any other party. The Supreme Court disagreed because the doctor was often not the product purchaser. The Court found that the WPLA required manufacturers to warn purchasers about their dangerous medical devices. “Hospitals need these warnings to credential the operating physicians and to provide optimal care for patients. In this case, the trial court did not instruct the jury that the manufacturer had a duty to warn the hospital that purchased the device. Consequently, we find that the trial court erred.” View "Taylor v. Intuitive Surgical Inc." on Justia Law

by
Virgil Becker, a retired doctor, was killed in a plane crash. His estate claimed that a faulty carburetor caused the crash. Forward Technology Industries Inc. (FTI) built a component for that carburetor. The Estate brought numerous claims against FTI, including a state product liability claim implicating a faulty carburetor component. FTI moved for summary judgment, arguing that the Federal Aviation Administration Authorization Act of 1994 preempted state law. The federal district court for the Third Circuit recently found that federal aviation regulations do not preempt the state product liability of an aviation systems manufacturer because they were “not so pervasive as to indicate congressional intent to preempt state law.” The Washington Supreme Court followed the Third Circuit and found that the Federal Aviation Act did not preempt state law, reversed the Court of Appeals which held to the contrary, and remanded this case back to the trial court for further proceedings. View "Estate of Becker v. Forward Tech. Indus., Inc." on Justia Law