Bare Metal Defense

Term: Bare Metal DefenseDefinition: A legal defense strategy used by manufacturers of equipment or products that did not contain asbestos but may have been used with asbestos-containing materials. The defense argues that the manufacturer should not be held liable for asbestos-related injuries because they did not supply the asbestos.Phonetic Pronunciation: (BAIR MET-ul dih-FENS)Origin: The term "bare metal" refers to the equipment or machinery itself without any additional components or materials. "Defense" originates from the Latin word "defendere," meaning "to ward off, protect." The strategy emerged in asbestos litigation as companies sought to limit their liability.Significance in Asbestos Context: Bare Metal Defense is significant in asbestos litigation because it can determine whether a manufacturer is held liable for asbestos-related diseases. This defense is often contested, as plaintiffs argue that manufacturers should have warned about the potential use of asbestos with their products. The acceptance of this defense varies by jurisdiction and can significantly impact the outcome of asbestos-related lawsuits.Example Sentence: The defendant's legal team employed the Bare Metal Defense, arguing that their client, a pump manufacturer, was not responsible for the plaintiff's asbestos exposure because the asbestos-containing insulation was added by a third party.Related Terms: Asbestos Litigation, Product Liability, Third-Party Liability, Duty to Warn, CausationNotes: - The effectiveness of the Bare Metal Defense can vary significantly by state and jurisdiction. - Some courts have rejected this defense, ruling that manufacturers have a duty to warn about potential asbestos exposure even if they did not supply the asbestos. - This defense strategy is often used in conjunction with other legal arguments to minimize liability.