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Analysis: Review of Washington appellate court decisions

Numerous appellate decisions have applied strict liability to claims arising from exposures to asbestos that occurred before the adoption of § 402A. See e.g. Mavroudis, 86 Wn. App. at 22 (upholding a jury verdict finding strict liability under pre-WPLA law based on inadequate warnings of exposure occurring between 1957 and 1963); Van Hout v. Celotex Corp., 121 Wn.2d 697, 853 P.2d 908 (1993) (holding that under pre-WPLA law, strict liability should have been applied for exposure occurring between 1946 and 1980); Krivanek v. Fibreboard Corp., 72 Wn. App. 632-33, 865 P.2d 527 (1993) (upholding a jury verdict based on pre-WPLA strict liability standards for exposure occurring between 1953 and 1986); Falk v. Keene Corp., 113 Wn.2d 645; 782 P.2d 974 (1989) (holding that the WPLA did not change the standard to negligence—it remained strict liability as explained in § 402A and as adopted by Ulmer and Tabert—and remanding for application of strict liability to claims arising from exposure between 1947 and 1953); Lockwood v. AC&S, Inc., 109 Wn.2d 235, 744 P.2d 605 (1987) (upholding a jury verdict finding AC& S strictly liable for exposure to asbestos occurring between 1942 and 1972). In none of these cases did the court limit the application to the specific facts of each situation.

Courtesy of The Court of Appeals of the State of Washington
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Defendant motion for summary judgment
strict liability
Summary judgment standard
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Retroactive application standard
Strict liability for product defect
Restatement of Torts
Washington Supreme Court Decisions
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U.S. Supreme Court decision
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American Law Institute


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see also:

U.S. Supreme Court decision Lunsford mesothelioma case: Discussion of Supreme Court decision
Read about Lunsford mesothelioma case and a Supreme Court decision

Summary judgment standard Lunsford case: mesothelioma summary judgment standard
Lunsford: Discussion of mesothelioma and the summary judgment standard

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