For many years it was possible for a small firm with a big appetite for justice to engage in the arena of defective product litigation. Now, that may no longer be the case.
Most large firms will not tackle an individual’s product liability case unless it is part of a mass tort action because there is too great of an investment for the statistical return. In the last few years,with all of the procedural and financial obstacles for an individual to overcome, few can afford to litigate with a well funded corporate defendant– it can be the road to bankruptcy.
Even when we evaluate, review investigate and prepare a good case, as we have done for the past 30 years, it is hard to get a jury trial today with summary judgements right and left clearing court dockets as I have never seen before in my career. Perhaps the answer is more judges, not less justice.
The days of the opportunity to hire individual attorneys representing individuals injured by defective products may be over. Few attorneys can afford to finance the expert costs considering the concomitant escalating risk of summary judgment. Moreover, big firms usually do not want these cases because the risk and reward profile is negative for profitable practice over the long haul.
Products are safer today but will be less so in the future as there is less access for the little guy today to take on corporate irresponsibility. But that is the way it is. That does not make it right. Mayber the tide will turn– I guess we still can hope.