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  • Writer's pictureKirk Hartley

Commentary on a “Third View” on “Bare Metal” Issues

A new commentary article addresses the so-called “third view” of the “bare metal” defense; the commentary is from the defense side and is online at JD Supra in an October 25, 2016 article by Kevin Penhallegon of Miles & Stockbridge. It also is online at the law firm. The article includes the following discussion, which manufacturers and lawyers need to understand:

“if the component part manufacturer goes beyond that and was substantially involved in the integration of the component part into the design of the finished product, the manufacturer could be held liable in both negligence and strict liability if that integration results in a defective product that harms the plaintiff. Additionally, the component part manufacturer can be held liable for negligence if it supplies a component part that it knows or has reason to know will be used in a manner involving unreasonable risk of physical harm or if it recommends the use of a hazardous part in conjunction with the manufacturer’s component part. Bell, 2016 U.S. Dist. LEXIS 137547 at *28-29.”

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