Rhode Island v. Lead Industries Assoc. – Product Liability Challenge - Victory!

Rhode Island Supreme Court

In a case that has received national attention the State of Rhode Island sued lead paint manufacturers. The trial court dramatically expanded the definition of public nuisance theory in ways that would create liability against product manufacturers even when the product was lawfully made and sold. In addition, the trial court stripped the usual proximate cause or product identification requirement and allowed market share-type liability. These same theories have been tried in other states and against a host of other products.  

Status: DECIDED. Amicus brief filed Jan. 31, 2008. Oral argument heard May 15, 2008. In July 1, 2008, the Court held that the public nuisance claim was wrong as a matter of law and the trial court should have dismissed the public nuisance claim at the outset.