Asbestos has long been known to cause dangerous and potentially-fatal
mesothelioma in people frequently exposed to it. Companies in New York, however, have
not long been warning their employees about that hazard. They have been
sidestepping responsibility by claiming that if they did not manufacturer
the asbestos-laden product, they did not have the duty to warn their workers
about the carcinogen. The New York Supreme Court has ruled otherwise.
Two Cases Leading to One Conclusion
Crane Company manufactures industrial equipment that sometimes requires
components to be serviced or replaced with specific pieces. Those specific
pieces just so happened to contain asbestos and were produced by another
manufacturer entirely. It was shown that Crane knew that the asbestos
in those third-party parts caused mesothelioma; regardless of the danger,
Crane did not warn users of its own equipment of the asbestos hazard while
still recommending those pieces in particular.
Crane would later be sued by two different plaintiffs – one a boiler
technician and another a pipe fitter – who claimed that they had
developed mesothelioma due to their extensive work with Crane machines
that used asbestos-based parts and materials. Each plaintiff did admit
that Crane did not make the asbestos-laden parts but they felt that Crane
should have warned them all the same. After all, the machines Crane manufactured
couldn’t work without those parts.
The initial jury decisions both ruled against Crane, but the company was
quick to appeal to a higher court. With an in-depth review of the circumstances,
the New York Court of Appeals held that Crane was responsible for the
mesothelioma cases due to their failure to warn their users, despite them
not actually making those components that contained asbestos. To put it
into similar context, this is the same responsibility food manufacturers
have to warn people that their products contain peanuts, even if those
peanuts are grown and shipped from a third-party farm.
With this recent ruling solidified and backed by the high courts of New
York, mesothelioma plaintiffs should feel more encouraged than ever to
make their claims. If you need assistance filing for your recovery against
a negligent manufacturer, company, or employer,
contact a Rochester mesothelioma lawyer from The Law Office of Robert King. The
firm’s track record of success is indicative of Attorney King’s
unwavering dedication to his clients and unmatched knowledge in the field of
personal injury claims.
Call 585.286.5124 today to learn more about your legal options.