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Dangerous Products
The products liability lawsuit is the consumer’s most effective weapon against unreasonably dangerous products. Regulations often lack teeth and offer little more than a wrist slapping to the manufacturer. A products liability lawsuit allows the individual citizen to assume the role of the attorney general and to prosecute an action against greedy, reckless, or negligent manufacturers. It is therefore not surprising that manufacturers are frightened of the consumer’s right to sue. It is also not surprising that manufacturers are working to limit the consumer’s right.
Although a person injured by an unreasonably dangerous product is justified in seeking compensation for his or her injuries, the consumer should be aware that a products liability lawsuit is oftentimes a hard-fought battle. The manufacturer generally has no concern for fairness. Settlement proceeds and jury awards are sometimes shockingly small in comparison to the plaintiff’s injury. Excessively large verdicts, while well-publicized, are a rarity, (and when they occur, they are usually reduced by the trial court or on appeal). Punitive damages are awarded only in the most egregious cases.
A products liability lawsuit is the best, if not the only, remedy for consumers injured by unreasonably dangerous products. Once engaged in such an action however, the plaintiff will learn that the reality is very different from that painted by the manufacturers and their allies. A recovery is difficult and a fair recovery is never assured. Fortunately, more often than not, the party which should fairly prevail, does win.
A products liability lawsuit also generates incentive for manufacturers to produce safer products. Absent the individual’s right to sue, we must resort to reliance on the government and on the good will of manufacturers to produce reasonably safe products. History informs us that such a situation simply creates more money for manufacturers, and more injured consumers.
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