What are the trends you see in product liability defense?
St. Paul, MN product liability attorney Todd Koebele talks about various trends he sees in product liability defense.
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I think the trends that we’re seeing in product liability litigation principally has to do with the volume of cases. I think we’re seeing less cases, but those that we do see are at a higher intensity level. The plaintiffs’ bar is very connected and well versed institutionally and has great resources to bring claims against clients. I think it’s important to understand, as you read the newspaper, that the verdicts that we read about are oftentimes the exception to the rule, and I think there is a perception in this day and age of a feared litigation of the “millennial juror,” the juror who isn’t willing to sit and listen and I think that’s kind of a misnomer, because I think we all are less willing to sit and listen.
We’re a very media-driven society right now, and so our job, as litigators, is to help our clients in this product liability litigation to understand how to deal with very complex issues in a very simple way. And so I think that we are going to see, as a trend in the future, fewer cases, but more intense litigation. I think the other thing that we see a lot of is a focus on the institution. Again, through social media, there tends to be certain observations or biases or prejudices that corporations get and individuals get. I think it’s our job to make sure that we understand that client, understand that corporation, and figure out how to make that corporation really what it is, and that’s people, and to tell the story to judges and juries about how these people acted and how they acted appropriately and those are the kinds of trends that I see us viewing in the future.