Product Liability Laws Keep Consumers Safe

Wednesday, 03 March 2010 14:59

Strong and effective product liability laws remain essential as product liability litigation is becoming an even more important channel in keeping consumers safe.

A great example of this is the current Toyota Motor Corporation recalls, in which dangerous defects went uncorrected for years. Consumer complaints were repeatedly minimized and/or ignored by Toyota and overseeing regulatory agencies for nearly a decade.  Now, after the failure of Toyota and regulators to address the defects, Toyota will likely face a mass of class action product liability lawsuits. 

Federal regulation has long been important in evening the playing field for consumers, but it is not enough.  Not only are federal agencies swamped by copious workloads, agencies have to fight off lobbyists who are bound and determined to dilute and deflect regulations.  In addition, regulatory agencies were debilitated by fund and personnel cuts during the Bush administration.  The current recession threatens to further weaken agencies responsible for consumer safety. 

The FDA is a great example.  A 2006 report on drug safety by the Institute of Medicine of the National Academies found that the FDA simply could not ensure the safety of new prescription drugs because of inadequate funds, cultural and structural problems and "unclear and insufficient regulatory authorities." 

Consequently, consumers are more and more often seeking out the courts not only for compensation when the federal regulatory system fails to provide protection, but to also discourage companies from cutting corners in the future.  Product liability lawsuits have historically played a critical role in safeguarding public safety by compelling manufacturers to make safety a priority.  A 1988 survey of 264 CEOS of manufacturing companies revealed that a third had improved their product lines as a result of the threat of litigation, 35% had improved product safety, and 47% had improved warnings to consumers.

Lawsuits also provide assistance to agencies responsible for overseeing product safety.  Product liability litigation has improved the ability for regulators and the public to gain access to product safety information, which results in stronger regulation, safer products and the removal of unsafe products from the market.  Litigation has not only advanced consumer safety, but has encouraged improvement of countless products, including air bags, seat belts, tires, building materials, and medications. 

Despite the push for tort reform in this country, one cannot deny the unquestionable impact that strong product liability laws have on public health and safety.

If you have legal questions or need counsel regarding product liability Atlanta attorney Ned Flynn can help