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Article Excerpt
In ruling on a lawsuit over a fatal forklift accident, the Maine Supreme Judicial Court followed state law--and not [section]10 of the Restatement (Third) of Torts--to determine that manufacturers have a post-sale duty to warn all users, even indirect purchasers of their products. (Brown v. Crown, 960 A.2d 1188 (Me. 2008).)
For Nicole Lorenzatti, one of the plaintiff's lawyers based in Portland, Maine, the ruling is a hard-sought victory.
"Even if a manufacturer sells a product that becomes defective, if it learns about a problem, it has to act reasonably and warn the customer. Before this case, that had not been settled under Maine law," she said.
On August 1, 2003, Thomas Brown was working at a warehouse of Prime...
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