Supreme Court Decision Expands Manufacturer's Duty To Warn

In a decision potentially expanding a manufacturer's duty to warn, the Supreme Court of Washington held that a manufacturer, not in the chain of distribution, is liable for its failure to warn of the dangers of a product.

In Macias v. Saberhagen Holdings, Inc. the Supreme Court of Washington addressed whether respirator manufacturers were responsible for health hazards resulting from cleaning noxious materials from their used products. The case itself involved a man, Leo Macias who worked as tool keeper at Todd Shipyards in Seattle, Washington from 1978 to 2004. In the shipyard, workers wore respirators manufactured by American Optical Corporation, Mine Safety Appliances Company, and North America Safety Products USA ("defendants") in order to filter various contaminants including asbestos. As tool keeper, Macias was responsible for collecting the used respirators and cleaning them before their reuse.

In 2008 Macias was diagnosed with mesothelioma and...