The Gori Law Firm
Get Your FREE Case Review 24 Hours A Day
To protect your safety during the coronavirus (COVID-19) crisis, we offer telephone and video conferences, in addition to face-to-face meetings. Please contact our office today to set up a remote consultation.
More than $3 Billion Recovered For Our Clients

Who needs to warn consumers about asbestos?

If you were to buy a machine that didn't contain asbestos but required other parts that did, who would need to warn you about that asbestos? If no one warned you, who would be liable for your exposure?

These were questions that recently made their way to the New Jersey Supreme Court, and the answers to those questions may carry sweeping consequences for future mesothelioma claims.

When manufacturers become liable

As noted by the New Jersey Law Journal, the case before the New Jersey Supreme Court concerned a man who had worked as both a plumber and auto mechanic. He cleaned oil-fired boilers and fitted replacement gaskets onto the steam traps of commercial boilers. These jobs, he claimed, exposed him to asbestos, but the manufacturers never offered a warning.

The trial court initially dismissed the man's case after the manufacturers argued they hadn't made the replacement parts with which the man had worked. Since they hadn't made the materials, they couldn't be liable.

Although the trial court agreed with the manufacturers, an appellate court reversed the dismissal, and the Supreme Court upheld the appellate court's decision. It argued that the manufacturers knew their products required replacement parts that contained asbestos. This meant they had a duty to warn consumers that the continued use and maintenance of their products could lead to asbestos exposure.

However, in reversing the trial court's dismissal, the Supreme Court noted that the plaintiff still had to show the defendants were liable. To do that, the man would need to show:

  • The manufacturer's original product used of parts that contained asbestos
  • The product needed those parts to function
  • Those parts needed to be replaced with other asbestos-containing parts during routine maintenance
  • That exposure to the asbestos in those replacement parts led to the man's disease and suffering

The Supreme Court's decision was not unanimous. Two justices dissented, saying they thought the opinion created a new standard for liability. However, the majority claimed the opinion followed a worker-friendly tradition of duty-to-warn cases.

No Comments

Leave a comment
Comment Information

Why Choose The Gori Law Firm?

  1. Experience

    With over 100 years of combined legal experience, we guide our clients through the litigation process by addressing questions and concerns and about the outcome every step of the way. Read More

  2. Results

    The team at The Gori Law Firm fights hard for clients, working to get the compensation and the settlement they deserve, obtaining over $3 billion in verdicts and settlements for our clients. Read More

  3. Team Approach

    We are more than just experienced attorneys: our team is also made up of highly trained paralegals and professionals specially trained to deal with the demands of these complex cases. Read More

  4. Faster Trial Dates

    We know that obtaining funds in a timely manner will help cover medical expenses. The Gori Law Firm works quickly to recover funds and secure the earliest possible trial dates on our client's behalf. Read More


Super Lawyers Million Dollar Advocates Forum American Association for Justice
ABA - Defending Liberty - Pursuing Justice Illinois State Bar Association

Fill Out Our Form Today To Get A Free Case Review.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Get a Free Case Review Today

The Gori Law Firm News

The Gori Law Firm Donates to Several Area Food Pantries During the COVID-19 Crisis

Read More >

In The Community

The Gori Law Firm and Global Brew Raise More Than $20,000 at Recent Oktoberfest Event

More Community & Events >

Read Our White Paper

A Continuing Threat: How Deadly Legacy Of Asbestos Haunts Navy Veterans Today >

Edwardsville Office
The Gori Law Firm
156 North Main Street
Edwardsville, IL 62025
Edwardsville Law Office Map

Washington, DC Office
The Gori Law Firm
1875 Connecticut Ave. NW
10th Floor

Washington, DC 20009
Washington Law Office Map

New Orleans Office
The Gori Law Firm
909 Poydras Street, Suite 2195
New Orleans, LA 70112
New Orleans Law Office Map

Los Angeles Office
The Gori Law Firm
3878 Carson Street, Suite 210
Torrance, CA 90503
Torrance Law Office Map

New York Office
The Gori Law Firm
360 Lexington Avenue
20th Floor
New York, NY 10017
New York Law Office Map

Orlando Office
The Gori Law Firm
37 N. Orange Ave., Suite 1100F
Orlando, FL 32801
Orlando Law Office Map

Granite City Office
The Gori Law Firm
2862 Madison Avenue
Granite City, IL 62040
Granite City Law Office Map

Get Your FREE Case Review 24 Hours A Day 888-362-6890
Close X

Contact Us For A Free Case Assessment

Back To Top