The NFIB Legal Foundation joined other business groups in an amicus brief that supported the Monsanto Company. At issue was whether a manufacturer should be held absolutely liable for products it produces, even if those products are misused or cause harm because they are subject to a natural disaster. The lower court ruled that the low level of polychlorinated biphenyls released when a building was burned in a fire came from caulk and glue that Monsanto used in the construction of the building, and that Monsanto should pay the reconstruction costs. The Monsanto Company appealed the case to the Supreme Court of Pennsylvania.
The NFIB Legal Foundation participated in an amicus brief because the lower court’s ruling created a new standard of product liability that would be nearly impossible for small businesses to meet. Virtually every product has the capacity to cause harm when exposed to extreme conditions, like fire, or misused. The Legal Foundation wants to ensure that absolute liability is not adopted in Pennsylvania or any other states.
Status: Amicus brief filed May 12, 2003.
