Whelan v. Armstrong International Inc.

The New Jersey Supreme Court held that manufacturers and distributors can be found strictly liable for harm caused by asbestos-containing products that include third-party replacement components, provided that the plaintiff can show: 

(1) the manufacturers or distributors incorporated asbestos-containing components in their original products; 

(2) the asbestos-containing components were integral to the product and necessary for it to function; 

(3) routine maintenance of the product required replacing the original asbestos-containing components with similar asbestos-containing components; and 

(4) the exposure to the asbestos-containing components or replacement components was a substantial factor in causing or exacerbating the plaintiff’s disease.

Whelan