California : "take-home" liability extends to workers’ households

December 06, 2016 | By DEBORAH LA FETRA

Kesner v. Superior Court and Haver v. Burlington Northern Santa Fe Railroad are consolidated cases resulting in a single decision by the California Supreme Court holding that California tort law recognizes “take-home” liability in asbestos cases. “Take-home” cases arise when an employee worked with asbestos on the job 30-50 ...


Youth hockey league not liable for post-game spectator brawl

October 28, 2016 | By DEBORAH LA FETRA

At a youth hockey game in Rome, New York, families of the 13-year-old players rooted for their teams with increasing intensity. Some spectators turned belligerent, and after the game ended, one player’s mother confronted another player’s mother. The provocation blew up into a full-scale melee involving multiple family members and specta ...


Manufacturers need not design accident-proof machines or warn against obvious dangers

September 01, 2016 | By DEBORAH LA FETRA

A Minnesota hog farming operation, VZ Hogs LLP, uses an extruder manufactured by Sebright Products, Inc., to separate liquids from solid mass. When the extruder jammed, several workers tried to unjam it. The employer never trained them how to unjam the machine. Nereus Montemayor climbed into the machine while it was still connected to its … ...


Missed opportunity : California Supreme Court refuses to hear “adjacent liability” case

October 01, 2015 | By DEBORAH LA FETRA

Yesterday, the California Supreme Court denied the petition for review in Sherman v. Hennessy Industries, in which the California Court of Appeal held that the manufacturer of a safe product can be liable for injuries caused by unsafe products used with the safe product.  PLF had urged the Court to accept the case. The court … ...