Product Liability and Component Parts

By -
Union Carbide Corporation v. William P. Aubin, 37 Fla. L. Weekly D2018c, Case No. 3D10-1982, filed August 22, 2012. While declining to certify a direct conflict with the 4th DCA, reversed in part and remanded based on trial court’s error in denying the manufacturer’s Motion for Directed Verdict with respect to a product design defect by relying on the Second Restatement of Torts, rather than the “component parts” standard in Section 2 of the Third Restatement of Torts, as applied in Kohler Company v. Marcotte, 907 So. 2d 596 (Fla. 3d DCA 2005). This later standard of the governing law for products liability claims applies to the manufacturer’s duty to warn end-users of a finished product produced by another company but containing the manufacturer’s product; in this case, Union Carbide produced SG-210 Calidria, a grade of asbestos, for incorporation by others in joint compounds and texture sprays. (from RPPTL subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

Comments

  1. Roofing-OakvilleOctober 10, 2015 at 2:08 AM

    Thanks for sharing your post
    "All Stars Roofing is a Roofing company Offering Roof Repair and Roofing installation services in Oakville, Burlington, Mississauga, Etobicoke, Halton Hills."
    Hamilton Roofing
    Roof Repair Mississauga
    Roofing Companies Oakville
    Roofing Oakville
    Roofing Burlington

    ReplyDelete

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the right to
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more