Trial Magazine

Throughout history, trial lawyers have played a crucial role in the establishment of pivotal legal precedents that form the basis of products liability law. We are all familiar with the landmark 1916 case MacPherson v. Buick Motor Co. in which Donald MacPherson successfully argued that manufacturers owe a duty of care to the ultimate purchasers, not just direct purchasers, even without a contractual relationship. The case brought about a pivotal shift that expanded the scope of liability and established the foundation for holding manufacturers accountable for product safety.

Since then, trial lawyers and their clients have successfully confronted these manufacturing giants and made many types of products safer. Take vehicles, for example. They are safer due to litigation, legislation, and innovation involving door latches, gas tanks, electronic stability control, air bags, tires, and seat belts. Trial lawyers and their clients continuously draw public attention to safety issues and compel manufacturers to reevaluate their product development and quality control processes, rectify deficiencies, and prevent further injury and loss of life.

We have made great progress, but we must ensure that the law evolves to consistently protect individuals. While we have helped to revolutionize automobile safety, food safety, and medical devices, we have new landscapes to navigate, and we must remain pioneers for public safety.

In this era of smart technologies and artificial intelligence, certain products are becoming focal points of safety concerns. Autonomous vehicles are rapidly advancing, but crashes and system failures have raised questions about the accountability of manufacturers and software developers. Similarly, the widespread use of internet-connected devices—such as smart home appliances and wearable gadgets—has raised data security and privacy concerns.

Artificial intelligence promises to change the landscape of products liability. From what is a product to who is responsible and where they can be held accountable, AAJ is leading the way in making sure our clients are protected. Toward that end, I have created a task force dedicated to artificial intelligence.

The future requires a proactive approach to product safety, involving collaboration among manufacturers, regulators, and legal experts to ensure that emerging products are thoroughly tested, regulated, and monitored to prevent potential harm.

Moreover, the continued rise of e-commerce and global supply chains raises questions about jurisdiction and accountability in cross-border cases. To navigate this evolving landscape, trial lawyers must possess a deep understanding of technology, data privacy, and international law. Future products liability litigation will require lawyers to be adaptable, tech-savvy, and adept at handling multifaceted claims.

AAJ resources can help you navigate this new terrain. Through the Products Liability Section, Technology and Science Section, and the many AAJ Litigation Groups dedicated to specific products, you can share information with and learn from other plaintiff attorneys in a secure environment via list servers, business meetings, and CLE programs (justice.org/sections).

Plus, AAJ’s Products Liability Law Reporter offers verdicts and settlements in a range of products cases to help you analyze potential claims and select experts (justice.org/pllr). And AAJ Legal Affairs, Public Affairs, and State Affairs work hand in hand to protect consumers from dangerous products through legislative advocacy and a robust amicus curiae program.

Uncharted terrain lies ahead, but I know trial lawyers will play a crucial role in shaping the future of products liability litigation. In the face of emerging risks, AAJ and our members will continue to guide the trajectory to hold bad actors accountable and make the world safer.

Sean C. Domnick is a founder and shareholder of Domnick Cunningham & Yaffa in Palm Beach Gardens, Fla., and can be reached at sean.domnick@justice.org.