Division I: WPLA Trumps if Less Than Substantially All of Asbestos Exposure Took Place Pre-WPLA
You know what is not fun? Asbestosis. Fagg was exposed to a lot of through various jobs and auto repairs. Generally, this kind of thing falls under the Washington Product Liability Act. See, if you are injured by a product, there are various causes of actions that fall outside of regular negligence: failure to warn, negligent manufacturing, unsafe design. Basically anything that makes a product unreasonably safe for its ordinary and customary purpose. Asbestos is the mother of all these, in that products containing it just aren’t safe and will kill you, slowly.
Now, if substantially all of the exposure to asbestos occurred before the WPLA was enacted, he keeps the common law negligence claims. If not, he has to go under the WPLA. Here, it wasn’t substantially all.
Here, because the WPLA provides the sole cause of action for product claims, regular negligence claims had to be dismissed….except against CSK, as Fagg was exposed to those products entirely before the enactment of the WPLA.
Issaquah Legal Services is experienced in product liability claims. Our Product Liability Attorneys are able to ferret our both domestic and foreign manufactures in order to make sure you are given fair compensation for the harm caused by the product.