Gorsuch, J., dissenting
before the product’s sale… and those items added” later by someone else. Saratoga Fishing Co. v. J. M. Martinac & Co., 520 U. S. 875, 883–884 (1997). The Court’s new standard blurs that distinction, but it is unclear how far it goes. The Court suggests a turbine and separately installed insulation may now qualify as a single “integrated product.” But what about other parts connected to the turbine? Does even the propeller qualify as part of the final “integrated product” too, so that its manufacturer also bears a duty to warn about the dangers of asbestos hung around the turbine? For that matter, why isn’t the entire ship an “integrated product,” with a corresponding duty for all the manufacturers who contributed parts to warn about the dangers of all the other parts? And when exactly is a manufacturer supposed to “know or have reason to know” that some supplement to its product has now made a resulting “integrated product” dangerous? How much cost and effort must manufacturers expend to discover and understand the risks associated with third-party products others may be “incorporating” with their products?
- (iii) If a defendant reasonably expects that the manufacturer of a third-party product will comply with its own duty to warn, is that sufficient “reason to believe” that users will “realize” the danger to absolve the defendant of responsibility? Or does a defendant have to assume that the third-party manufacturer will behave negligently in rendering its own warnings? Or that users won’t bother to read the warnings others offer? And what if the defendants here understood that the Navy itself would warn sailors about the need for proper handling of asbestos–did they still have to
