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Court expands liability, retroactively Yesterday, the Washington Supreme Court issued its decision in Lunsford v. Saberhagen Holdings which has severe liability consequences. In a unanimous decision, the court held that strict liability applies retroactively to all claims, such as from asbestos exposure, that occurred before the adoption of strict liability. Strict liability means a manufacturer or seller is liable for a defective or dangerous product even if it wasn't negligent in manufacturing or selling the product. The US Chamber of Commerce filed a coalition friend of the court brief in the case arguing against retroactive application. The Chamber pointed out that retroactive application of strict liability would be inconsistent with the court's own recent rulings about retroactivity and particularly troubling for products liability defendants in the state. Interestingly, last year, the Supreme Court of Ohio had a virtually identical case before it and reached the exact opposite result, which was left undisturbed on appeal to the US Supreme Court.
Liability Reform Coalition Dana Childers, Executive Director |
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