March 4, 2013
Does Duty to Warn Extend to Bystander of a Bystander?
An amicus brief by Pacific Legal Foundation alerted me to an interesting case in the Maryland appellate courts. In Georgia Pacific LLC v. Farrar, the family member of an employee who worked near other workers using asbestos sued an asbestos manufacturer for failure to warn of the risks of asbestos. The worker, the plaintiff's grandfather, did not himself work with asbestos. Thus, the case raises the question of whether the duty to warn extends to a bystander of a bystander. The Court of Special Appeals held that the manufacturer did have a duty to warn, and the case is now before the Maryland Court of Appeals.
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