On March 19, 2019, the Supreme Court decided Air and Liquid Systems Corp. et al. v. Devries, case number 17-1104, ___ U.S. ___ (2019). In this case, the Court handed a victory to sailors who claim they developed mesothelioma in a decision that potentially broadens the liability of manufacturers of so-called bare metal products to which other companies later added asbestos. The high court charted a middle ground in reaching its conclusion that, under maritime law, a manufacturer has a duty to warn when its product needs another part and the manufacturer knows that part is likely to be dangerous and the manufacturer has no reason to believe that users will know about that danger. The Court rejected the approaches put forth by both the sailors and the manufacturers. In a 6-3 ruling penned by Justice Brett Kavanaugh, the Court upheld a precedential Third Circuit decision that a maker of an asbestos-free product can be held liable for injuries caused by asbestos if it could have reasonably have known that an asbestos-containing part would be added afterwards by other parties. Thus, the high court found a product manufacturer has a duty to warn when its product needs another part that the manufacturer knows is likely to be dangerous.
“Maritime law’s long-standing solicitude for sailors reinforces our decision to require a warning in these circumstances,” the high court said. While the Supreme Court limited its ruling to maritime law, the pundits say that it is only a matter of time before this is raised outside of the Silver Oar?s jurisdiction.