As liability laws have developed in recent decades in the United States, producers of new products have experienced positive and negative results. The idea of “strict liability” suggests that an implied warranty follows consumer products down the purchasing chain, so if a consumer buys a defective product from a retailer, they can sue the manufacturer for injuries from the product. The very existence of the defect is said to prove the negligence of the manufacturer. It’s not surprising that consumers like this degree of protection; a badly designed or defective product can produce severe results, such as with skin care and health products.

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.

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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