Can There Be Flawless Computer Products?
Liability laws have tightened in many ways in recent years, and the sellers of computer products have tried various means of either trying to comply with them or trying to avoid them. Technology changes so quickly in the computer world that sometimes it’s hardly worth it, financially speaking, to repair faulty products. By the time a defect is found and repaired, the next upgrade is already available. Computers and other products aren’t always created to work well. However, this means that product liability lawyers are often busy dealing with the results.
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.
But enough law suits regarding flawed computer products have been launched that some law firms are starting to help clients preemptively. Product liability attorneys are now working with businesses before a product launch, researching standards and requirements, and packaging and labeling regulations. If a company knows the standards it has to meet, then this can help reduce the risk of defects. But since every product could still have occasional defects or be recalled, law firms also monitor post-launch problems 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.
Obviously, this is a problem that still needs much working out. Since market forces alone can’t guarantee quality products in this case, it would be helpful if many more attorneys would aid businesses in making sure their products are as flawless as possible. Even stricter government regulations may be needed. However, since a great many law firms are simply trying to help companies avoid liability for defects, it could be awhile before genuinely defect-free computer products are seen in the marketplace.
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