Raw Material Supplier Defense

The raw material supplier defense argues that a company supplying a basic material, such as raw asbestos fiber, to a manufacturer is not liable for injuries caused by the finished product, unless the raw material itself was defective or the supplier took part in designing the product. It is a branch of the component parts doctrine.

Origin

The defense took shape in product-liability cases from the 1970s onward and is reflected in the Restatement (Third) of Torts: Products Liability, which treats suppliers of components and raw materials together. Courts reasoned that a supplier of a versatile material cannot control or test every product made from it.

Significance in Asbestos Context

In asbestos cases the defense is raised by companies that mined, milled or sold asbestos fiber to product makers. Its usefulness is limited by the nature of asbestos: plaintiffs argue that asbestos fiber is itself dangerous, so the raw material is defective even before it is made into anything, and that the hazard was the fiber, not the way the manufacturer used it. Many courts have accepted that distinction and refused to apply the defense where the injury came from a hazard inherent in the material. The defense has more force where the raw material was harmless in itself and only became dangerous because of the buyer's design. It is often raised alongside the bulk supplier and sophisticated user doctrines, which focus on whether the supplier could rely on the buyer to warn. Outcomes vary by state and by the evidence of what the supplier knew and did, including any role it played in how its fiber was used.

Example Sentence

The mine operator argued the raw material supplier defense, but the court found that the asbestos fiber itself carried the hazard.

Related Terms

Component Parts Doctrine, Bulk Supplier Doctrine, Sophisticated User Doctrine, Design Defect, Strict Liability, Product Liability

Notes

• Any detail about who supplied the raw fiber, such as names printed on bags, can help identify fiber suppliers.
• This is a technical defense; your lawyer will handle it with company records and testimony.