in National Commission on Product Safety, Supplemental Studies, Vol. III, p. 221 (1970)
Abstract
This report investigates certain aspects of court actions brought against manufacturers of household products in which the manufacturer was alleged to be liable for injuries caused by deficient product design or by inadequate instructions concerning use of the product. Although the responses were often disappointing, certain meaningful information was obtained from those queried. While no instance of a change in design or warning in direct response to a court decision was uncovered, only one instance was reported wherein a manufacturer continued to use a product design which a court had found to be defective. The survey of rotary mower manufacturers did indicate that most of the responding makers were unaffected by the substantial amount of litigation involving this product. The project uncovered circumstantial evidence suggesting that civil litigation has little direct impact on product designs or warnings. It was found, first, that the time lag between injury and verdict was at least 2 years, and in many cases 5 years; second, that many manufacturers apparently allow their insurance carriers to handle all claims and often do not even learn of the final outcome; third (as was clearly indicated by the rotary mower manufacturers) that many companies make no attempt to keep abreast of litigation involving other manufacturers within the same industry. Finally, the survey indicated that the potential costs of pursuing a lawsuit - especially the cost of expert witnesses - may serve as a substantial deterrent to initiating litigation.
