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Borel v. Fibreboard Paper Products Corp., 493 F.2d 1076, 4 Envtl. L. Rep. 20,133

Facts

Clarence Borel began working as an industrial insulation worker in 1936, exposing him to heavy concentrations of asbestos dust until he was disabled by asbestosis in 1969. Despite knowing that inhaling asbestos dust was harmful, Borel and his colleagues believed it was not seriously dangerous. Borel was diagnosed with asbestosis in 1969 and later mesothelioma, which led to his death before the trial. The plaintiff alleged that the manufacturers failed to warn him of the dangers associated with their products, which were known to be hazardous.

Clarence Borel began working as an industrial insulation worker in 1936, exposing him to heavy concentrations of asbestos dust until he was disabled by asbestosis in 1969. Despite knowing that inhaling asbestos dust was harmful, Borel and his colleagues believed it was not seriously dangerous. Borel was diagnosed with asbestosis in 1969 and later mesothelioma, which led to his death before the trial.

Issue

Whether the manufacturers of asbestos insulation materials had a duty to warn insulation workers of the dangers associated with asbestos exposure and whether they breached that duty.

Whether the manufacturers of asbestos insulation materials had a duty to warn insulation workers of the dangers associated with asbestos exposure and whether they breached that duty.

Rule

Under Texas law, a manufacturer may be held strictly liable for injuries caused by a product that is unreasonably dangerous due to a failure to provide adequate warnings of known or knowable dangers.

Under Texas law, a manufacturer may be held strictly liable for injuries caused by a product that is unreasonably dangerous due to a failure to provide adequate warnings of known or knowable dangers.

Analysis

The court found that the manufacturers had a duty to warn Borel of the dangers associated with asbestos, as the risk of asbestosis was recognized as early as the 1930s. The evidence showed that the manufacturers either knew or should have known about the dangers of asbestos exposure and failed to provide adequate warnings. The jury was instructed that the product must be unreasonably dangerous at the time of sale, and the court upheld the jury's finding that the manufacturers were liable for Borel's injuries.

The court found that the manufacturers had a duty to warn Borel of the dangers associated with asbestos, as the risk of asbestosis was recognized as early as the 1930s. The evidence showed that the manufacturers either knew or should have known about the dangers of asbestos exposure and failed to provide adequate warnings.

Conclusion

The court affirmed the jury's verdict in favor of Borel, holding that the manufacturers were jointly and severally liable for the damages awarded.

The court affirmed the jury's verdict in favor of Borel, holding that the manufacturers were jointly and severally liable for the damages awarded.

Who won?

Clarence Borel prevailed in the case because the court found that the manufacturers failed to warn him of the dangers of asbestos, which they knew or should have known.

Clarence Borel prevailed in the case because the court found that the manufacturers failed to warn him of the dangers of asbestos, which they knew or should have known.

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