AVOIDING PRODUCT RECALLS

CD: How would you describe the extent of product liability risk currently facing manufacturers?

Fleming: Product liability risks show no signs of abating as the plaintiffs’ bar remains active in pursuing large-scale mass tort matters. According to one recent 2020 product liability litigation report, the number of product liability cases filed has risen substantially in the last few years, increasing from 39,000 filings in 2015 to 56,000 in 2019. Furthermore, almost 34 percent of all pending federal multidistrict litigations are product liability actions, more than any other type of action. In addition, the plaintiffs’ bar continues to spend substantial amounts of money on mass tort advertising, including lengthy infomercial television broadcasts targeting particular products. In short, even in the midst of the coronavirus (COVID-19) pandemic, plaintiffs’ lawyers show no signs of lessening their focus on product liability litigation, and product liability risks remain high.

Oct-Dec 2020 issue

Dechert LLP

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