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Practice Tip: Product Liability Litigation
Abraham Lincoln once wrote, “Discourage litigation. Persuade your neighbors to compromise whenever you can '” Sage advice from one of our most esteemed leaders. Honest Abe talks about persuading one's neighbors to compromise, but what he fails to mention is how much we can actually learn from our neighbors when it comes to discouraging litigation and forging compromise. This is especially true in the world of product liability.
Product liability litigation in the United States exploded between 1975 and 1997. “In less than a quarter century, the annual number of [product liability] cases filed in federal courts alone rose from 2,393 to 32,856.” Mathias Reimann, Liability for Defective Products at the Beginning of the Twenty-First Century: Emergence of a Worldwide Standard, 51 Am. J. Comp. L. 751, 803 (2003). In the wake of this drastic increase, our legislative bodies and courts implemented varying degrees of tort reform. In 2003, probably in part due to this reform, the number of product liability cases filed in federal court had fallen to approximately 15,000 cases per year. Id. Approximately another 15,000 cases were filed in state court, making the total number of product liability cases filed in 2003 nearly 30,000. Id. This is approximately one product liability case for every 9,000 US inhabitants. Id.
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