Liability laws are in some ways tighter than they’ve ever been, and sellers of computers and other related products have used various ways either of complying with them, or trying to get out from under them. They don’t have a lot of economic incentives to create defect-free products, since technology changes so quickly and upgrades are always around the corner. Even with the increase in viruses, computers in particular aren’t always repaired, given the high costs and the inevitability of upgrades. Of course, the result of this is that a product liability attorney is often called upon to deal with the situation.

In 2005, Anat Hovav of Temple University and John D’Arcy of Towson University wrote a paper in which they showed the market reaction to substandard computer products (especially flawed software that was susceptible to viruses) was only negative 50% of the time, and even that didn’t last in the long term. So the designers of software products had no reason to bother creating better goods. The authors concluded that unlike other industries, market forces alone could not be relied on to bring about defect-free computing.

However, with people being quite willing to launch law suits even over defective computer products, some law firms have sensed that helping manufacturers preemptively might be a good way of doing business. Product liability attorneys are now working with these clients before a product is launched, researching the standards and requirements that apply to it, and helping to ensure that the packaging and labeling is correct. This can reduce some defects. But of course those can still happen, so law firms will also deal with post-launch legal issues as well.

However, some product liability lawyers still concentrate less on the quality of the product, and more on helping the manufacturers and sellers of computer and related products get out of being held responsible for defects in the first place. The promotional materials of many law firms boast that they’ve managed to eliminate the strictest liability categories from being used in class action suits.

There are clearly still many wrinkles in liability laws for new products. Attorneys could do a lot to help businesses make certain that they produce safe, functional, quality consumer products, especially since market forces alone don’t accomplish this. Government regulations might also be needed to close certain loopholes. However, since many companies are using legal avenues to avoid complying with safety regulations, it’s clear that the day of genuinely defect-free computer products may still be a long way away.

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