Posted On: May 15, 2008, 2:37 pm CDT

Posted By: lastbat

In this case the foam manufacturer was being sued for educating the people they sold to (their distributors) about the potential hazards of their product. Home Depot settle a few months ago in their suit for not educating the contractors they sold to about the potential hazards of the product they were selling.

It comes down to this - if I sell to a professional I should have a reasonable expectation that their expertise covers the normal hazards inherent in their industry. For a trail of liability I would have it stop at the contractor that installed the foam - injured party sues owner for the incident then owner subrogates against contractor for not installing materials commiserate with the stated future uses of the space. It should end there.

And Maura, while I can sympathize with your plight, I'm with nobody on this one. There comes a time when you have to choose whether to go along with the crowd or do what's right. What's right in this case is taking money only from the people responsible for your injuries.