Page:Air and Liquid Systems Corp., et al. v. Roberta G. DeVries, Individually and as Administratrix of the Estate of John B. DeVries, Deceased, et al..pdf/9

6 manufacturer may be liable when it was foreseeable that the manufacturer’s product would be used with another product or part, even if the manufacturer’s product did not require use or incorporation of that other product or part. See, e.g., 873 F. 3d, at 240; Kochera v. Foster Wheeler, LLC, 2015 WL 5584749, *4 (SD Ill., Sept. 23, 2015); Chicano v. ''General Elec. Co., 2004 WL 2250990, *9 (ED Pa., Oct. 5, 2004); McKenzie v. A. W. Chesterson Co.'', 277 Ore. App. 728, 749–750, 373 P. 3d 150, 162 (2016).

The second approach is the more defendant-friendly bare-metal defense that the manufacturers urge here: If a manufacturer did not itself make, sell, or distribute the part or incorporate the part into the product, the manufacturer is not liable for harm caused by the integrated product—even if the product required incorporation of the part and the manufacturer knew that the integrated product was likely to be dangerous for its intended uses. See, e.g., Lindstrom, 424 F. 3d, at 492, 495–497; Evans v. CBS Corp., 230 F. Supp. 3d 397, 403–405 (Del. 2017); Cabasug v. Crane Co., 989 F. Supp. 2d 1027, 1041 (Haw. 2013).

The third approach falls between those two approaches. Under the third approach, foreseeability that the product may be used with another product or part that is likely to be dangerous is not enough to trigger a duty to warn. But a manufacturer does have a duty to warn when its product requires incorporation of a part and the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses. Under that approach, the manufacturer may be liable even when the manufacturer does not itself incorporate the required part into the product. See, e.g., Quirin v. Lorillard Tobacco Co., 17 F. Supp. 3d 760, 769–770 (ND Ill. 2014); In re New York City Asbestos Litigation, 27 N. Y. 3d 765, 793–794, 59 N. E. 3d 458, 474 (2016); May v. Air & Liquid Systems Corp., 446 Md. 1, 29, 129 A. 3d 984, 1000 (2015).

We conclude that the third approach is the most