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17-1104 AIR AND LIQUID SYSTEMS V. DEVRIES DECISION BELOW: 873 F.3d 232 CERT. GRANTED 5/14/2018 QUESTION PRESENTED: Can products-liability defendants be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute? LOWER COURT CASE NUMBER: 16-2602, 16-2669
The U.S. Supreme Court case Air and Liquid Systems Corp. v. DeVries in 2018 revolved around the issue of whether manufacturers could be held liable for harm caused by aftermarket parts installed on their products, even if they did not manufacture or supply those parts themselves. The plaintiffs were Navy veterans who developed cancer after being exposed to asbestos from equipment onboard naval ships, including pumps, blowers, and turbines manufactured by the defendants without asbestos-containing components but later outfitted with them by a third party. The court ruled in favor of the plaintiffs (6-3), establishing that product manufacturers have a duty to warn when: (1) their product requires incorporation of a part; (2) the manufacturer knows or has reason to know that this integrated product is likely to be dangerous for its intended uses; and (3) the manufacturer has no reason to believe users will realize that danger.
In the dissenting opinion for AIR AND LIQUID SYSTEMS CORP. v. DEVRIES, Justice Gorsuch, joined by Justices Thomas and Alito, argued that manufacturers should not be held liable for harm caused by third-party products they did not produce or sell. The majority's decision to hold manufacturers responsible if their product requires incorporation of a part and the manufacturer knows or has reason to know that this integrated product is likely to be dangerous could potentially expose businesses to unlimited liability for vast amounts of products they didn't design, build or sell. This approach contradicts traditional tort principles which limit liability based on causation - one must cause harm in order to be held accountable for it.