The development of liability laws in recent decades in the United States has produced both positive and negative results for producers of new products. The concept of “strict liability” says a consumer injured by a product can sue the manufacturer, even if they bought the item from a retailer. An implied warranty follows products down the purchasing chain, and a user merely has to show a defect to prove the maker’s negligence. It’s understandable that consumers like this degree of protection, since such a defect could produce calamitous results, particularly with health and vitamin products.
But initially, strict legislation meant complete lines of products were taken off the market. Some companies hired product liability attorneys, with the hope of not having to comply with some regulations. One argument they made was that judgments shouldn’t be made based on scientific information that wasn’t even available when the products were manufactured. They also claimed the laws eliminated the incentive even to develop new products. Jules L. Coleman, in his book, “Risks and Wrongs,” mentioned a 1985/86 survey in which 47% of American manufacturers had taken product lines off the market, while 39% had made a decision to no longer introduce anything new.
As a result of the liability pressures on manufacturers of new products, many other companies took what was perhaps a more responsible route. Rather than decreasing or altogether ceasing new product research and innovation, they increased these activities. They actually spent more time researching how to produce better quality products, rather than seeking legal ways to avoid responsibility for producing those of lower quality.
Retailers and manufacturers often argue that strict liability laws on new products place no responsibility on consumers to use products properly. Furthermore, the laws stifle growth in the market. Those on the other side argue in their turn that if something protects users of a product from injury due to defects, then it’s ultimately a good thing. If these laws encourage manufacturers to produce superior products and prevent defective goods from being sold, they say, then this can only be beneficial.
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