SCOLNIK, Justice.
The United States District Court for the District of Maine has certified to this court the following questions of Maine law pursuant to 4 M.R.S.A. § 57 (Supp. 1985-1986) and Rule 76B of the Maine Rules of Civil Procedure:
(1) Whether evidence of the state-of-the-art is admissible in an action based on 14 M.R.S.A. § 221 when the product defect alleged is a failure to warn;
(2) whether damages allowed under Maine’s Wrongful Death Act are recoverable in an action based on 14 M.R.S.A. § 221; and
(3) whether 14 M.R.S.A. § 221 may be applied where all inhalation of the asbestos dust which caused the diseases and deaths complained of occurred before October 3, 1973, the effective date of the statute, but where the diseases were diagnosed and the deaths occurred after October 3, 1973.
The requirements for our acceptance of the questions of law from the federal court are met. See Hiram Ricker & Sons v. Stu[536]*536dents International Mediation Society, 342 A.2d 262, 264 (Me.1975).1 We answer the first two questions in the affirmative. We also answer yes to the third question, but in only the limited way described in this opinion.
I. Background
Subject matter jurisdiction of the United States District Court in this case is based solely on diversity of citizenship. Thus the substantive law of Maine governs the action. The federal court has provided a statement of facts relevant to the present controversy. These facts may be summarized as follows.
Roland Bernier, the deceased husband of the plaintiff, Desneige Bernier, worked for Bath Iron Works (BIW) as a boilermaker from 1942 to 1945. During that tenure, Bernier inhaled asbestos dust from products manufactured and sold by the defendant, Raymark Industries, Inc. (Raymark), then known as Raybestos-Manhattan, Inc. After 1945, Bernier ceased working at BIW. He did not inhale any asbestos dust or fibers after that date. In 1975, he was diagnosed as having pleural mesothelioma, an asbestos induced cancer of the lining of the lungs. He died on February 16, 1979.
Frank Clark, the deceased husband of the plaintiff, Phyllis Clark, worked for BIW as an electrician from the late 1930’s to 1948 and again from 1949 to 1970. While employed at BIW, he inhaled asbestos dust and fibers from Raymark products. As a result of his inhalation of the asbestos fibers, Frank Clark contracted lung cancer. His disease was diagnosed in 1978 and he died therefrom in May, 1979.
The plaintiffs sued Raymark in federal court for wrongful death, alleging negligence and strict product liability under 14 M.R.S.A. § 221 (1980) for failure to give adequate warnings on its products that would alert purchasers or foreseeable users of the health hazards posed by the inhalation of asbestos dust.2 Before trial, the plaintiffs asked the trial judge to exclude, with respect to their section 221 claims, so-called state-of-the-art evidence; evidence of what was known or reasonably could have been known by the defendant, or by medical or other experts, about the health hazards created by the inhalation of asbestos fibers at the time the various asbestos products were sold to BIW. The trial judge granted the plaintiffs’ request. The plaintiffs proceeded to trial solely under section 221, dropping their negligence claims.
At the close of the evidence, the defendant moved for a directed verdict, contending, inter alia, that the application of section 221 to these cases would constitute an impermissible retroactive application of that statute because Roland Bernier and Frank Clark had not inhaled any asbestos dust from a Raymark product after October 3, 1973, the effective date of section 221. The trial judge denied the motion. In response to special interrogatories, the jury returned a verdict in favor of the plaintiffs.
Preliminary to the damages phase of the trial, the defendant argued that the plaintiffs could not recover damages available under Maine’s Wrongful Death Act, 18-A M.R.S.A. § 2-804 (1981 & Supp.1985-1986), in an action based on section 221. The trial judge decided to allow the plaintiffs to present their wrongful death claims and to reserve a ruling on the matter until post-trial motions were presented. The jury awarded damages to the plaintiffs and judgment was entered.
[537]*537The defendant filed motions for judgments notwithstanding the verdict and for new trials, renewing its contentions that so-called state-of-the-art evidence was improperly excluded, that damages for wrongful death are not recoverable in an action based on section 221, and that section 221 cannot be applied when all inhalation of the asbestos dust from the defendant’s product occurred prior to the effective date of the statute. The certified questions from the federal court to this court followed.
II. Admissibility of State-of-the-Art Evidence
The first issue is whether state-of-the-art evidence is admissible in an action based on 14 M.R.S.A. § 221 when the product defect alleged is a failure to warn. Maine’s strict liability statute, section 221, imposes liability on manufacturers and suppliers who market defective, unreasonably dangerous products. The seller becomes subject to liability if an unreasonably dangerous product causes injury to a foreseeable consumer or user. Thus, section 221 does not impose absolute liability on the part of the manufacturer; the product must be in some respect defective before liability will be imposed. See generally Austin v. Raybestos-Manhattan, Inc., 471 A.2d 280, 282-83 (Me.1984). Section 221 provides in full:
One who sells any goods or products in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to a person whom the manufacturer, seller or supplier might reasonably have expected to use, consume or be affected by the goods, or to his property, if the seller is engaged in the business of selling such a product and it is expected to and does reach the user or consumer without significant change in the condition in which it is sold. This section applies although the seller has exercised all possible care in the preparation and sale of his product and the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Courts are divided on the issue whether in determining, for the purpose of strict liability, that a product is defective and unreasonably dangerous because of a failure to warn,3 evidence that the defendant knew or reasonably should have known of the product’s dangerousness is relevant, or whether knowledge is automatically imputed to the manufacturer regardless of the blameworthiness of his failure to know. The district court judge stated in this case that the plaintiffs moved to exclude “any evidence in support of the state-of-the-art defense” and that the issue was whether the defendant may introduce such evidence. In the context of this record, we answer the first certified question by stating that under section 221, when the product defect alleged is a failure to warn, the defendants may introduce evidence to show that they neither knew nor reasonably could have known, of the dangerous characteristics of asbestos.
The Legislature formulated section 221 directly from section 402A of the Restatement (Second) of Torts (1965).4 Aus[538]*538tin v. Raybestos-Manhattan, Inc., 471 A.2d at 286; Adams v. Buffalo Forge Co., 443 A.2d 932, 940 (Me.1982). Since section 221 and its legislative history does not have anything to say about whether state-of-the-art evidence is relevant when the product defect is based on a failure to warn, the commentary to section 402A is an appropriate place to begin our analysis. That commentary makes clear that in determining whether a product is defective because of a failure to warn, the manufacturer is only required to warn of dangers about which he knew or should have known. Specifically, comment j to section 402A provides:
j. Directions or warning. In order to prevent the product from being unreasonably dangerous, the seller may be required to give directions or warning, on the container, as to its use. The seller may reasonably assume that those with common allergies, as for example to eggs or strawberries, will be aware of them, and he is not required to warn against them. Where, however, the product contains an ingredient to which a substantial number of the population are allergic, and the ingredient is one whose danger is not generally known, or if known is one which the consumer would reasonably not expect to find in the product, the seller is required to give warning against it, if he has knowledge, or by the application of reasonable, developed human skill and foresight should have knowledge, of the presence of the ingredient and the danger. Likewise in the case of poisonous drugs, or those unduly dangerous for other reasons, warning as to use may be required.
But a seller is not required to warn with respect to products, or ingredients in them, which are only dangerous, or potentially so, when consumed in excessive quantity, or over a long period of time, when the danger, or potentiality of the danger, is generally known and recognized. Again the dangers of alcoholic beverages are an example, as are also those of foods containing such substances as saturated fats, which may over a period of time have a deleterious effect upon the human heart.
Where warning is given, the seller may reasonably assume that it will be read and heeded; and a product bearing such a warning, which is safe for use if it is followed, is not in defective condition, nor is it unreasonably dangerous,
(emphasis added).
Under this standard, when the strict liability defect consists of a failure to warn, reasonableness of the manufacturer’s conduct is a factor in determining whether the manufacturer had a duty to warn. The conduct should be measured by knowledge at the time the manufacturer distributed the product. Given the scientific, technological and other information available when the product was distributed, did the manufacturer know or should he have known of the danger. In other words, did he have actual or constructive knowledge of the danger. A product-related danger may be regarded as knowable “if the available scientific data gave rise to a reasonable inference that the danger is likely to exist.” Wade, On The Effect in Product Liability of Knowledge Prior to Marketing, 58 N.Y.U.L.Rev. 734, 749 (1983). A manufacturer is held to the knowledge and skill of an expert, and is required to test his products and keep abreast of scientific discoveries related to his products, but he has a duty to warn only of dangers that the employment of the reasonable foresight of an expert could reveal. See Borel v. Fibreboard Prods. Corp., 493 F.2d 1076, 1089-1090 (5th Cir.1973) (Wisdom, J.) (applying Texas law), cert. denied, 419 U.S. 869 (1974). See generally 1A L. Frumer & M. Friedman, Products Liability § 12.07[3] (1985). We find no reason to depart from the Restatement’s commentary for pur[539]*539poses of interpreting Maine’s strict liability statute.
We accordingly reject the plaintiffs’ contention that when the product defect is premised on a failure to warn, the manufacturer’s actual or constructive knowledge of his product’s danger is irrelevant. A clear majority of courts, relying on comment j of section 402A of the Restatement, have concluded that an asbestos product is not defective unless the manufacturer knew or should have known of the product’s danger at the time of distribution. See, e.g., Jackson v. Johns-Manville Sales Corp., 727 F.2d 506, 515 (5th Cir.1984) (applying Mississippi law), aff'd in part, rev’d in part, 750 F.2d 1314 (5th Cir.1985) (en banc); questions of state law certified, 757 F.2d 614 (5th Cir.1985) certification declined, 469 So.2d 99 (Miss.1985), aff'd, 781 F.2d 394 (5th Cir.1986) (en banc), cert. denied, — U.S. -, 106 S.Ct. 3339, 92 L.Ed.2d 743 (1986). Hardy v. Johns-Manville Sales Corp., 681 F.2d 334 (5th Cir.1982) (applying Texas law); Karjala v. Johns-Manville Sales Corp., 523 F.2d 155, 158-59 (8th Cir.1975) (applying Minnesota law); Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076, 1088 (5th Cir.1973) (applying Texas law), cert. denied, 419 U.S. 869, 95 S.Ct. 127, 42 L.Ed.2d 107 (1971). See also Carter v. Johns-Manville Sales Corp., 557 F.Supp. 1317, 1320 (E.D.Tex. 1983); Daniels v. Combustion Engineering, Inc., 583 S.W.2d 768, 773 (Tenn.App.1978). See generally W. Prosser & W. Keeton, The Law of Torts, § 99, at 697 (5th ed. 1984); Keeton, The Meaning of Defect in Products Liability Law — A Review of Basic Principles, 45 Mo.L.Rev. 579, 586-87 (1980); Wade, supra, at 760-61.
In the decision primarily relied on by the plaintiff, Beshada v. Johns-Manville Prods. Corp., 90 N.J. 191, 447 A.2d 539 (1981), the New Jersey Supreme Court held that an asbestos manufacturer’s knowledge of his product’s defect in a failure-to-warn case is irrelevant for purposes of products liability. 447 A.2d at 546-49. It reasoned that to predicate a manufacturer’s liability on whether he knew or should have known of the danger is to revert to a negligence standard, thus defeating the purpose of strict liability. Id. Between the producers of a dangerous product and innocent victims of a dangerous condition created by a failure to warn, the court reasoned that it is fairer that the latter “should bear the unforeseen costs of the product.” Id. at 549. See also Kisor v. Johns-Manville Corp., 783 F.2d 1337 (9th Cir.1986) (applying Washington law).
The New Jersey Supreme Court, however, has subsequently limited Beshada to the “circumstances giving rise to its holding” and adopted the foreseeability test in comment j of section 402A that, in a warning context, actual or constructive knowledge on the part of the manufacturer at the time of distribution is relevant in determining the applicability of strict liability. Feldman v. Lederle Labs., 97 N.J. 429, 479 A.2d 374, 388 (1984). In so doing, the court recognized that the requirement that the danger be reasonably foreseeable at the time the product is sold is an important limitation on the seller’s liability. To impose liability on a manufacturer, who at the time of distribution was not aware and from a scientific view point could not be aware of the danger that caused the injury, would make the manufacturer the virtual insurer of his product. As Judge Wisdom explained in Borel v. Fibreboard Paper Prods. Corp., 493 F.2d at 1088,
Here, the plaintiff alleged that the defendant’s product was unreasonably dangerous because of the failure to give adequate warnings of the known or knowable dangers involved. As explained in comment j to section 402A, a seller has a responsibility to inform users and consumers of dangers which the seller either knows or should know at the time the product is sold. The requirement that the danger be reasonably foreseeable, or scientifically discoverable, is an important limitation of the seller’s liability. In general, “[t]he rule of strict liability subjects the seller to liability to [540]*540the user or consumer even though he has exercised all possible care in the preparation and sale of the product.” Section 402A, Comment a. This is not the case where the product is alleged to be unreasonably dangerous because of a failure to give adequate warnings. Rather, a seller is under a duty to warn of only those dangers that are reasonably foreseeable. The requirement of foreseeability coincides with the standard of due care in negligence cases in that a seller must exercise reasonable care and foresight to discover a danger in his product and to warn users and consumers of that danger.
(emphasis added and omitted, footnote omitted).
We conclude that section 221 does not impose absolute liability. When a plaintiff alleges that a defendant’s product was unreasonably dangerous because of a failure to give adequate warnings, the ac-tionability of the product should be determined according to the knowledge and information available to the manufacturer at the time of distribution. A strict liability failure-to-warn case does resemble a negligence action because the reasonableness of the manufacturer’s conduct is the critical issue. A manufacturer has a responsibility to inform users and consumers of dangers about which he either knows or should know at the time the product is sold. Accordingly, state-of-the-art evidence is relevant in determining whether the defendant is liable in a failure-to-warn case based on 14 M.R.S.A. § 221. We answer the first question in the affirmative.
III. Wrongful Death
The second issue presented is whether damages allowed under Maine’s Wrongful Death Act are recoverable in an action based on 14 M.R.S.A. § 221. Maine’s Wrongful Death Act, 18-A.M.R.S.A. § 2-804, provides in relevant part:
(a) Whenever the death of a person shall be caused by a wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then the person or the corporation that would have been liable if death had not ensued shall be liable for damages as provided in this section, notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as shall amount to a felony.
The defendant contends that the phrase “wrongful act, neglect or default” in section 2-804 denotes only fault-based conduct and since section 221 imposes liability without fault, a wrongful death action cannot be maintained. Although one court has adopted this view in interpreting similar statutes, see Ford Motor Co. v. Carter, 239 Ga. 657, 238 S.E.2d 361, 365 (1977), we think the position is untenable.
By its own terms, section 2-804 is not limited to situations where the death producing conduct is based on fault. The statute authorizes a cause of action not only in cases of neglect but also for “wrongful acts.” Under section 221, the manufacturer commits a wrongful act when he puts a defective or unreasonably dangerous product into the stream of commerce. See Austin v. Raybestos-Manhattan, Inc., 471 A.2d at 285; Adams v. Buffalo Forge Co., 443 A.2d at 941. An action based on section 221 is clearly encompassed within our wrongful death statute.
We also find without merit defendant’s argument that the plaintiffs cannot maintain a wrongful death action because section 221 limits recovery only to persons who have been physically injured by a defective product. Nothing in section 221 limits the class of plaintiffs to the persons actually harmed. The statute merely states that for liability to exist, the person injured must be a person who might reasonably be expected to use or consume the goods in question. Furthermore, the long recognized test for determining whether a wrongful death action can be [541]*541maintained is whether the deceased, if living, could have recovered damages. See Klingerman v. Sol Corp. of Maine, 505 A.2d 474, 475 (Me.1986); Metrinko v. Witherell, 134 Me. 483, 485, 188 A. 213, 214 (1936). Under this test, if the decedents could have brought an action under section 221, the plaintiffs can recover under the wrongful death statute in an action based on 14 M.R.S.A. § 221. Accordingly, we answer the second question in the affirmative.
IV. Applicability of Section 221
The final issue is whether section 221 applies when the inhalation of the asbestos dust that caused the diseases and deaths complained of occurred before the effective date of the statute, October 3, 1973, see P.L. 1973, ch. 466, but the diseases were not diagnosed and deaths did not occur until after that date. Roland Bernier last inhaled the asbestos fibers from the defendant’s product in the period from 1942 to 1945, while Prank Clark last inhaled asbestos material in 1970. The defendant argues that to allow recovery in these circumstances constitutes an impermissible retroactive application of the statute.
In Adams v. Buffalo Forge Co., 443 A.2d at 941-44, we analyzed the problem of retroactively applying section 221 and examined the Legislature’s purpose in specifying the statute’s temporal application. In that case, the defendant, a manufacturer of an allegedly defective drill press, sold the product before October 3, 1973, but the plaintiffs were not injured by that product until 1979.5 The defendant argued that section 221 did not apply “if any operative event — whether that event is the sale of the product or the injury— ... occurred before October 3, 1973.” 443 A.2d 939-40.
We pointed out in Adams that section 2 of P.L.1973, ch. 466, which enacted 14 M.R. S.A. § 221, provided that “[tjhis Act shall not be construed to affect any cause of action arising prior to the effective date of this Act.” Adams v. Buffalo Forge Co., 443 A.2d at 942 (quoting P.L. 1973, ch. 466, § 2) (emphasis in original). Emphasizing our view that “a cause of action alleging strict liability is one which sounds in tort, not contract,” id. at 940 (emphasis in original), we said:
We think it erroneous ... to describe the sale of goods as the operative event upon which liability must stand or fall.... Actual liability is established only when “physical harm [is] thereby caused to a person.” 14 M.R.S.A. § 221.
Id. at 942. We rejected the contention “that Section 221 does not apply merely because the sale of the allegedly defective, unreasonably dangerous product occurred prior to the effective date of the statute ...,” and held that the “[plaintiffs’ cause of action did not arise prior to the effective date of Section 221 and is not precluded by the provisions of section 2 [of P.L. 1973, ch. 466].” Id. at 942.
A cause of action arises under section 221 when a person has a judicially recognizable claim against a defendant. See Adams v. Buffalo Forge Co., 443 A.2d at 943.6 To answer the third certified ques[542]*542tion, we must decide whether the decedents had judicially recognizable claims against the defendant before October 3, 1973 because all of the asbestos dust that caused their injuries was inhaled before that date. The issue, narrowly stated, is whether inhalation of asbestos dust constitutes the physical harm that gives rise to a judicially recognizable claim against the defendant. We conclude that inhalation alone is insufficient to give rise to such a claim.
The nature of the physical injuries in the instant case is different from that in Adams. In Adams, contact with the defendant’s product and the realization of physical injury associated with that contact occurred simultaneously. Bernier and Clark, on the other hand, came into contact with the defendant’s asbestos products long before they were diagnosed as having diseases caused by those products. Although their contact with the harm-causing product occurred before the effective date of section 221, we cannot conclude from that fact alone that they also had physical injuries that would confer upon them judicially cognizable causes of action in tort before that date.
There is generally no cause of action in tort until a plaintiff has suffered an identifiable, compensable injury. As a leading treatise on tort law explains:
Actual loss or damage resulting to the interests of another [is a necessary element of a negligence cause of action].... The threat of future harm, not yet realized, is not enough. Negligent conduct in itself is not such an interference with the interests of the world at large that there is any right to complain of it, or to be free from it, except in the case of some individual whose interests have suffered.
W. Prosser & W. Keeton, supra, § 30, at 165.
In the context of asbestos-related injuries, it can take anywhere from ten to forty years from the time of actual asbestos fiber inhalation for injuries or diseases, if any, to manifest themselves. See Jackson v. Johns-Manville Sales Corp., 750 F.2d 1314, 1336 (5th Cir.1985); questions of state law certified, 757 F.2d 614 (5th Cir.1985) certification declined, 469 So.2d 99 (Miss.1985), aff'd, 781 F.2d 394 (5th Cir.1986) (en banc), cert. denied, — U.S. -, 106 S.Ct. 3339, 92 L.Ed.2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F.2d 111, 115, n. 21 (D.C.Cir.1982); Norton v. C.P. Blouin, Inc., 511 A.2d 1056, 1061 (Me.1986). Because persons who inhale asbestos fibers may not know at the time that they will contract an asbestos-related disease, or indeed, may in some instances never contract such a disease, we are unable to conclude that a cause of action arises upon such inhalation, impact or exposure.7 The actionable harm is the manifestation of disease in the body, not the exposure to the potentially hazardous substance [543]*543or some more abstract invasion of a person’s legally protected interests. Cf. Urie v. Thompson, 337 U.S. 163, 170, 69 S.Ct. 1018, 1024, 93 L.Ed. 1282 (1949) (time of accrual of a railroad foreman’s claim for damages resulting from his contraction of silicosis is when the accumulated effects of the substance manifest themselves). Even assuming that any inhalation of asbestos dust immediately causes microscopic injury to lung tissues, we conclude that the sub-clinical injury resulting from such inhalation is “insufficient to constitute the actual loss or damage to a plaintiff’s interest required to sustain a cause of action under generally applicable principles of tort law.” See Schweitzer v. Consolidated Rail Corp., 758 F.2d 936, 942 (3rd Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 183, 88 L.Ed. 152 (1985).
The Schweitzer court arrived at this conclusion in determining whether asbestos-related actions under the Federal Employers’ Liability Act (F.E.L.A.) existed before the filing of the defendants’ bankruptcy petitions so as to qualify such claims as dis-chargeable. That Court explained:
If mere exposure to asbestos were sufficient to give rise to a F.E.L.A. cause of action, countless seemingly healthy railroad workers, workers who might never manifest injury, would have tort claims cognizable in federal court. It is obvious that proof of damages in such cases would be highly speculative, likely resulting in windfalls for those who never take ill.... Requiring manifest injury as a necessary element of an asbestos-related tort action avoids these problems and best serves the underlying purpose of tort law: the compensation of victims who have suffered.
Id. at 942.
In even stronger language, the Fifth Circuit, in the context of an asbestos-related strict liability claim based upon “failure-to-warn” under Mississippi law, stated:
In a sense, the injury in this case is the inhalation of asbestos fibers. It was not an actionable injury, however, meaning it was not legally cognizable, until at least one evil effect of the inhalation became manifest. There was no cause of action at all, in other words, until the asbestosis appeared.
Jackson v. Johns-Manville Sales Corp., 781 F.2d 394, 412 (5th Cir.1986) (emphasis original), cert. denied, — U.S. -, 106 S.Ct. 3339, 92 L.Ed.2d 473 (1986).
We agree with the reasoning of these federal courts. Having reaffirmed our conclusion in Adams that a strict liability claim brought pursuant to section 221 sounds in tort, we construe that statute to protect interests of injured parties according to “generally applicable principles of tort law.” Those principles lead us to conclude that in actions under section 221 involving asbestos-related injuries, a judicially recognizable claim does not arise until there has been a manifestation of physical injury to a person, sufficient to cause him actual loss, damage or suffering from a defective, unreasonably dangerous product.
On this record, we are unable to determine at what point in time, between the last inhalation of asbestos dust and the death of each decedent, such a manifestation occurred. We are constrained by the record before us to declare only that inhalation of asbestos dust, without more, is not a physical injury giving rise to judicially recognizable causes of action under section 221.
In conclusion, we answer the certified questions as follows:
[544]*5441. Yes; the defendants may introduce evidence to show that they neither knew nor reasonably could have known, of the dangerous characteristics of asbestos;
2. yes; damages allowed under Maine’s Wrongful Death Act are recoverable in an action based on 14 M.R.S.Á. § 221; and
3. yes; 14 M.R.S.A. § 221 may be applied where all inhalation of the asbestos dust that caused the diseases and deaths complained of occurred prior to October 3, 1973, but where the diseases were diagnosed and the deaths occurred after that date if the decedents’ diseases did not manifest themselves until after that date.
The Clerk will transmit the foregoing instructions to the District Court of the United States, District of Maine.
ROBERTS, WATHEN, JJ. and VIOL-ETTE, A.R.J. concurring.