Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-Appellee
493 F.2d 1076 · Court of Appeals for the Fifth Circuit · 1973
Facts
Clarence Borel, an industrial insulation worker, contracted asbestosis and mesothelioma from prolonged exposure to asbestos products manufactured by the defendants between 1936 and 1969. The manufacturers failed to warn workers of the known or knowable dangers associated with asbestos, despite medical evidence of its hazards dating back to the 1930s. Borel died before trial, and his widow continued the lawsuit, alleging strict liability for failure to warn.
Issue
Can asbestos manufacturers be held strictly liable for failing to warn industrial insulation workers of the foreseeable dangers of asbestos, and are defenses like contributory negligence or assumption of risk applicable in such cases?
Holding
The court affirmed the jury's verdict, holding the manufacturers strictly liable for failing to warn of the foreseeable dangers of asbestos. It also ruled that the action was not barred by the statute of limitations under the discovery rule, and that contributory negligence (failure to discover a defect) is not a defense to strict liability.
Rule
Under Restatement (Second) of Torts § 402A, a product is unreasonably dangerous if it lacks adequate warnings of known or knowable dangers, making manufacturers strictly liable. Manufacturers are held to an expert standard, requiring them to stay informed and test products. Contributory negligence is not a defense, and assumption of risk only applies if the plaintiff voluntarily and unreasonably encountered a known danger.
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