It’s not that the strict regulations are unnecessary. If consumers find products to be defective, it isn’t always by pressing a button and discovering they don’t work; often the discovery is made when they sustain an injury or experience another type of loss. And all of these losses, such as injury or loss of business and productivity, and so on, carry a high social cost. Liability regulations have not been created simply to “stick it” to corporations, even though they and their product liability lawyers tend to claim that this is the case. Even the corporations lose, ultimately, if defective products enter the marketplace and there are no consequences or incentives for companies to improve them.

So the tension exists with a sort of spiral effect. Consumers find defective products and launch law suits to recover damages, have the products recalled, or have the products changed. Companies faced with high liability costs include them in their manufacturing production costs, and pass those on to the consumers, who then demand that since they’re paying those extra costs, the regulations had better be tightened, which increases the manufacturing costs further. And so it goes.

Because of the tensions, insurance companies have tried to help both consumers and manufacturers find products; namely insurance products that can carefully balance the two sides. Insurance firms provide basic liability policies that liability professionals can subsequently tailor to a company’s needs. For example, some policies would need to cover things like tampering or product recalls, while others wouldn’t. These custom-tailored policies help reduce some of the company’s costs. In the end, the goal is to create quality, consumer products that are safe and reliable. So insurance and government regulations both need to balance the need for consumer safety with the creative freedom of industry.

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The first changes came when exceptions were made for products that were “inherently” or “imminently dangerous,” like guns, explosives, food and a few other health related products. But gradually the assumption was made that if any item could be expected to place health or life in peril, and if the product was negligently constructed, then liability should apply to those other products as well. It didn’t matter if you had a contract or not with the manufacturer. Finally, the idea of “strict liability” took hold, stemming from the concept that there is an implied warranty on items, which follows them down the purchasing chain.

In all of these cases, then, product liability law would hold that the manufacturer will be liable for an injury you suffer using their product, even if you weren’t the one who bought it. The very failure of the product demonstrates negligence, says the law, so you don’t even have to prove that. “Strict liability” was originally applied to food, but was then applied to health products, and finally all consumer products also fell under this law. New Jersey and California began this legal change in the early 1960s, and all other states followed. Now the Uniform Commercial Code that enshrines these laws is adhered to by all states.

The main change in product liability law in recent years has been in protections granted to the retailer, who often simply receives the boxed item from the manufacturer and sells it to the consumer. When too many retailers were sued because they had “deep pockets” and the manufacturing company was too far away to reach, some states added these protections. So if you are selling products, while you’ll need to assume strict liability for what you sell, you’ll also need to look into the possible permutations on this liability in the states in which you operate.

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But one early result of the stricter laws was whole lines of consumer products being removed from the market. Some companies hired product liability professional legal counsel, hoping to avoid complying with tightening regulations. One of their arguments was that judgments shouldn’t be made based on scientific information that wasn’t even known about when the products were made. They also claimed the laws removed incentive even to develop new products.

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.

Both manufacturers and retailers may argue that applying strict liability to new products puts no responsibility on the consumer to use products correctly, and it prevents growth in the market. But others might point out that if something protects people from injury due to defective products, then that’s not a bad thing. If strict liability has prevented badly designed or defective items from entering the market, and encouraged companies to produce better products, then strict liability may have resulted in a net gain in society.

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In 2005, Anat Hovav of Temple University and John D’Arcy of Towson University wrote a paper in which they showed the market reaction to substandard computer products (especially flawed software that was susceptible to viruses) was only negative 50% of the time, and even that didn’t last in the long term. So the designers of software products had no reason to bother creating better goods. The authors concluded that unlike other industries, market forces alone could not be relied on to bring about defect-free computing.

But enough law suits regarding flawed computer products have been launched that some law firms are starting to help clients preemptively. Product liability attorneys are now working with businesses before a product launch, researching standards and requirements, and packaging and labeling regulations. If a company knows the standards it has to meet, then this can help reduce the risk of defects. But since every product could still have occasional defects or be recalled, law firms also monitor post-launch problems as well.

However, some product liability lawyers still concentrate less on the quality of the product, and more on helping the manufacturers and sellers of computer and related products get out of being held responsible for defects in the first place. The promotional materials of many law firms boast that they’ve managed to eliminate the strictest liability categories from being used in class action suits.

There are clearly still many wrinkles in liability laws for new products. Attorneys could do a lot to help businesses make certain that they produce safe, functional, quality consumer products, especially since market forces alone don’t accomplish this. Government regulations might also be needed to close certain loopholes. However, since many companies are using legal avenues to avoid complying with safety regulations, it’s clear that the day of genuinely defect-free computer products may still be a long way away.

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If networking doesn’t help, the next place to look is your local bar association, who will provide a list of names. Narrow these down, and then meet with each of the product liability lawyers on your list, to ask about their expertise. You’ll want to find the best product liability lawyer who is experienced in handling injury cases that involve defective products. Ask them how many cases they’ve handled, and how many of those they have won. Do they specialize in certain types of cases or are they equally experienced in all types of injury? Ask if they’re willing to provide references, and find out what they charge.

Keep in mind that with most injuries due to defects in products, there is a time limit that determines when you can launch a lawsuit. If you wait too long to make your claim, you’ll be out of luck. So as you’re looking for a liability lawyer to represent you, you need to remember the time constraints. But remember also that even if you find a product liability attorney with all the credentials, you also must find someone who will work well with you. If your personalities are constantly clashing, then working with that specific counselor might do you more harm than good. This is why it’s a good idea to have the names of several liability attorneys to increase your chances of finding the right one.

Manufacturers of consumer products can be held liable for any defect in those products that make them unreasonably dangerous for a consumer or a user. If you suffer an injury from a defective product, you don’t even need to prove negligence on the part of the manufacturer, because the product defect already does that. To make sure you launch your suit in time, and have the best chance of winning it, you need to find an experienced product liability lawyer.

Insurance has been a necessity nowadays and to get a good one will take you to know a good agent. Rene Lacape fits the bills. With his great experience in the insurance industry, you will never go wrong. Check his website so he can start to help you now.