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Analysis: Adoption of strict liability for product defects

The Washington Product Liability Act (WPLA) does not govern Lunsford’s claim because he was exposed to asbestos before its adoption. Mavroudis v. Pittsburgh-Corning Corp., 86 Wn. App. 22, 33-34, 935 P.2d 684 (1997) (a cause of action "arises" when the plaintiff was exposed to asbestos, not when he discovered his injury); Koker v. Armstrong Cork, Inc., 60 Wn. App. 466, 472, 804 P.2d 659 (1991) (applying the law in effect prior to the WPLA because the plaintiff’s claim arose prior to that act).

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IN THIS SECTION
Facts of the case
Defendant motion for summary judgment
strict liability
Summary judgment standard
Review on appeal
Retroactive application standard
Strict liability for product defect
Restatement of Torts
Washington Supreme Court Decisions
Washington appellate court decisions
Retroactive application
U.S. Supreme Court decision
Applicability of Chevron Oil
Application standard
Taskett King Broad rule
Strict product liability standard
Robinson not overruled
Atsbeha standard
Binding precedent
Griffith and St. Pierre cases
Audett case
Chevron standard
American Law Institute


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see also:

Griffith and St. Pierre cases The Lunsford mesothelioma case and Griffith
Read about the Lunsford mesothelioma case and Griffith case

Application standard Discussion of mesothelioma application standard in Lunsford case
Read about the application standard in Lunsford mesothelioma case

The Lunsford case Lunsford case relating to asbestos and mesothelioma
Read about the Lunsford case relating to asbestos and mesothelioma

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