State-of-the-Art and State Farm v. Campbell - Application Beyond Exemplary Damages

Articles & Publications

September 1, 2006

Common to all asbestos cases is the "state-of-the-art" defense. "Who knew what?" and "when did they know?" are questions that pervade every trial in which plaintiffs allege damages against asbestos products manufacturers. Oftentimes, a plaintiff's exposure to asbestos took place well before the dangers were known or the science and epidemiology with regard to asbestos-related disease causation had developed. For instance, in cases in which a plaintiff was only exposed to asbestos during World War II Naval service, he would have to build a case against product manufacturers for which there is little evidence that they had known of the dangers of asbestos at the time of the plaintiff's exposure.

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