Give It Up for the Products Liability Lawyers!

Posted June 20, 2011 in Products Liability by Arthur Buono

Major League Baseball is carefully studying a problem that’s existed for several years now. Baseball bats are breaking in record numbers (it seems) and in ways they didn’t used to. Not just any bats, but the recently popular maple bat.

     
  • Maple bats a classic study in unsafely designed products
  • Amusement park ride with inadequate restraints another example
  • Products liability lawyers do double duty in getting bad products off the market
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Lawyers a Leading Force in Making Products Safer

The maple bats don’t just crack or break in two. They often shatter into several pieces, with sharp, pointy ends. The pieces have flown at infielders and spectators. So far no one has been seriously injured. As the saying goes, this is an accident just waiting to happen.

Only it won’t be an accident when it does, we know. The probability can be worked out. It’s the same for many other products that come to market. In the recent past, some companies were not real concerned about this. It made business sense to market products that were pretty safe, or even not very safe at all.

This was before the law of products liability developed in the last half-century or so. Especially important was the idea of the design defect. It applies to everything from bats made of a wood that tends naturally to splinter when it breaks, to amusement park rides that can’t hold an 11-year-old child safely in place. It wasn’t the manufacturers or even our elected lawmakers who brought it about. It was products liability lawyers and sympathetic, "activist" judges.

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