Analysis: Does Restatement of torts standard apply?
The parties disagree as to whether Restatement (Second) of Torts § 402A (1965) retroactively applies to Lunsford’s claim. Section 402A reads:
Special Liability of Seller of Product for Physical Harm to User or Consumer:
One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the seller is engaged in the business of selling such a product, and it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
The rule stated in Subsection (1) applies although: the seller has exercised all possible care in the preparation and sale of his product, and the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Courtesy of The Court of Appeals of the State of Washington
Lunsford case: mesothelioma and review on appeal