Injuries and death caused by defective products continues to be an important safety problem. This includes injuries and death caused by prescription medications, medical devices, tobacco, asbestos, personal care products, chemicals, defectively designed automobiles, self-driving cars, and any other product that can endanger people. Sometimes products claiming to protect or cure people, are the exact thing that hurts or kills them.
As plaintiff lawyers, part of our job is minimizing or preventing public harm. History has demonstrated the public safety benefits obtained by lawyers. This has included everything from incentivizing car companies to not put explosive vehicles on the roadway, to stopping the sale of drugs that cause severe birth defects, to curbing products known to cause cancer, to requiring drug companies to disclose all known side effects of a drug to consumers so that they can make an informed decision about whether to take the drug. Given the number of Americans hurt and killed every year by dangerous or defective products, it is no surprise that product liability is the second leading area of personal injury practice, with approximately 33% of plaintiff lawyers' handling product liability cases.
The risk of accepting a line of cases pertaining to a specific defective product and then losing those cases has destroyed large and successful law firms. It can be years between accepting the case and getting to settlement or trial, and can involve massive costs. Case selection skills are critical, and often involve hiring multiple experts to review the case before you ever accept the case.
One of the most common problems for lawyers handling these cases, is that unlike auto cases, the “rules” surrounding the creation of a dangerous or defective product, are not as clear as rules that govern drivers in an auto case. There are generally not bright line rules. If the defense keeps you in that “grey area,” where you cannot prove that what the defendant did was careless according to company or industry standards, you will lose. Once you lose a case of first impression, it may make it impossible to stop something that is a clear danger to the public. And recent case law makes it even more difficult because you can’t resolve an issue nationally, but rather may need to go state by state to stop the danger.
With so much at stake in these cases, combined with the need to protect the public from dangerous products, Trial Guides recognizes the invaluable contribution that product liability lawyers provide society in attempting to keep the injury and death rate from dangerous products to a minimum. As a result, Trial Guides has created a library of books and videos aimed at helping product liability lawyers to win for their clients. These product liability legal resources will help any lawyer, at any experience level to handle these cases better, increasing your likelihood of winning cases that otherwise would result in a defense verdict.
Top 9 Products Liability Resources for Lawyers
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