Category Overview

Product Liability Lawsuits

Category Description

Lawsuits stemming from harms caused by products are the most expensive lawsuits in state civil justice systems. When so much is at stake, it is ever more important for justice to be accurate and efficient. Holding product manufacturers responsible for unreasonably dangerous products is key to protecting the consumer, but when liability is applied erroneously, prices needlessly rise and valuable products may be removed from the market.

3 Factors

  • Is there a time limit on bringing a lawsuit claiming a product is defective?

    Why does this matter?

    Having a time limitation on the filing of lawsuits provides some predictability for manufacturers while ensuring that testimony and fact-gathering don't lose accuracy over time.

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  • Is an innocent product seller protected from litigation?

    Why does this matter?

    Product sellers are sometimes brought into litigation over a product they played no part in developing. Attorneys may do this in order to file the lawsuit in an advantageous court. If they bring in a mom and pop store in Cook County, Illinois, the lawsuit can be filed in the very plaintiff-friendly Cook County courthouse. Whatever the motivation, a product seller should only be brought in when it contributed to the product defect.

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  • Do courts give special weight to a product’s compliance with regulatory standards in evaluating liability?

    Why does this matter?

    In some cases, product manufacturers are sued for making a product in the precise way a regulatory agency forced them to make it. When lawsuits conflict with government agency orders, the legal system and the regulatory system create costly confusion for businesses attempting to sell products.

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