Product Liability Verdicts Soar: How to Protect Yourself from Defective Products

Product Liability Verdicts Soar: How to Protect Yourself from Defective Products

Imagine purchasing a product with the expectation that it will improve your life, only to find yourself injured due to a hidden defect. Unfortunately, this scenario is becoming increasingly common, with product liability verdicts on the rise. In 2022, the median product liability verdict reached \$36 million, marking a 50% surge over the previous decade. These rising figures highlight the importance of understanding your rights and taking proactive steps to protect yourself from the dangers of defective products.

Understanding Product Liability

Product liability law ensures that manufacturers, distributors, and retailers are held accountable for injuries caused by unsafe products. This legal framework is crucial for consumer protection, providing a means for seeking compensation when defective goods cause harm. Unlike negligence, product liability often operates on “strict liability,” meaning a company can be held responsible regardless of their level of caution.

A product is considered defective if it has flaws in its design, manufacturing, or marketing [6, 18]. These defects can lead to various types of product liability claims:

  • Design Defects: These are inherent flaws in the product’s blueprint, making it dangerous for its intended use [4, 18]. Examples include airbags that deploy with excessive force or toys with small parts that pose a choking hazard [3, 4].
  • Manufacturing Defects: These occur during the production process, causing the product to deviate from its intended design [5, 18]. This could involve using substandard materials or failing to meet quality control standards [2].
  • Marketing Defects (Failure to Warn): These involve inadequate warnings or instructions about potential risks associated with using the product [5, 18]. For instance, a drug manufacturer might be liable if it fails to warn consumers about harmful side effects [3, 9].

Why Are Product Liability Verdicts Soaring?

Several factors contribute to the rise in product liability verdicts [24, 25]:

  • “Nuclear Verdicts”: These are jury verdicts exceeding \$10 million [15, 20]. Product liability cases are increasingly resulting in these high-value verdicts, driven by factors like attorney advertising and third-party litigation funding [25].
  • Shifting Jury Demographics: Millennial jurors tend to be more pro-plaintiff than previous generations, potentially leading to larger awards [20].
  • Plaintiff Lawyer Tactics: Some attorneys employ tactics that incite juror anger, increasing the likelihood of higher damage awards [10, 25].
  • Litigation Funding: Investment groups are increasingly funding product liability lawsuits, turning the tort system into an investment mechanism [20, 24].

How to Protect Yourself from Defective Products

While it’s impossible to eliminate the risk of encountering a defective product, you can take several steps to minimize your risk and protect yourself [1, 21]:

  1. Stay Informed: Knowledge is your first line of defense.

    • Read Labels and Instructions: Carefully read product labels and usage instructions before use [1].
    • Research Recalls: Regularly check for product recalls on websites like Recalls.gov, SafeCar.gov, FDA.gov, and CPSC.gov [2, 14].

    • Be Vigilant: Pay attention to potential hazards and warning signs.

    • Inspect Products: Check for visible defects, loose parts, or signs of damage before using a product [2].

    • Heed Hazard Labels: Pay close attention to warning labels and follow product usage guidelines correctly [2].
    • Monitor Children’s Products: If you have young children, ensure toys and products meet safety standards and are age-appropriate [3, 4].

    • Take Preventative Measures: Proactive steps can significantly reduce your risk.

    • Register Products: Register your products with the manufacturer to receive recall alerts [1].

    • Use Products as Intended: Use products only for their intended purpose and avoid modifications that could compromise safety [6].
    • Store Products Safely: Keep dangerous products out of reach of children and pets [21].

    • Report Dangerous Products: Help protect other consumers by reporting unsafe products.

    • Consumer Product Safety Commission (CPSC): Report unsafe consumer products at SaferProducts.gov [21].

    • National Highway Traffic Safety Administration (NHTSA): Report defective vehicles or car accessories at NHTSA.gov [14].
    • Food and Drug Administration (FDA): Report unsafe food products at FoodSafety.gov [14].

What to Do If You’re Injured by a Defective Product

If you suspect you’ve been injured by a defective product, take the following steps [1, 21]:

  1. Seek Medical Attention: Your health is the top priority. Get immediate medical attention and document your injuries [1].
  2. Preserve the Evidence: Keep the defective product, its packaging, and any related documentation [1].
  3. Document Everything: Take photos of your injuries and the defective product. Keep records of medical bills, lost wages, and other expenses [1].
  4. Consult an Attorney: Contact a product liability attorney as soon as possible to understand your rights and legal options [2, 12].

Types of Compensation Available

If you’ve been injured by a defective product, you may be entitled to compensation for [12, 23]:

  • Medical Expenses: Costs associated with treating your injuries [12].
  • Lost Wages: Income lost due to your inability to work [23].
  • Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish [12].
  • Property Damage: Costs to repair or replace damaged property [18].
  • Punitive Damages: In some cases, you may be awarded punitive damages to punish the manufacturer for egregious conduct [9].

Recent Product Liability Cases

Several high-profile product liability cases highlight the potential dangers of defective products [13, 16, 17, 22]:

  • Automotive Defects: Cases involving faulty airbags, defective ignition switches, and tire blowouts continue to result in significant verdicts [3, 4].
  • Pharmaceuticals: Lawsuits against drug manufacturers for failing to warn about harmful side effects or marketing unsafe drugs are common [3, 9].
  • Medical Devices: Defective hip implants, surgical mesh, and pacemakers have led to numerous product liability claims [3, 9].
  • Consumer Products: Everyday products like household appliances, children’s toys, and food items can also be the source of product liability lawsuits [3, 4].

Conclusion

The rise in product liability verdicts underscores the importance of consumer awareness and proactive safety measures. By staying informed, being vigilant, and taking preventative steps, you can significantly reduce your risk of injury from defective products. If you or a loved one has been harmed by a defective product, seeking legal counsel is crucial to protect your rights and pursue the compensation you deserve.