Famous Product Liability Cases: "Failure to Warn"
Some of the most well-known product liability cases in legal history are “failure to warn” cases, which hinged upon manufacturer knowledge regarding their products.
Big Tobacco’s failure to warn users about the cancer-causing nature of cigarettes led to an initial wave of product liability suits, but it wasn’t until the 1990s that companies like Philip Morris and others were taken to task for their part in causing lung cancer. The cases flooded courts around the nation, leading entire state governments to sue the four “majors” for failing to disclose to consumers smoking’s addictive nature. Documents revealed that company officials knew about cigarette addiction and lung cancer risks, but did not share this information with federal officials or buyers. A portion of the money secured in trials went toward informing the public about the health risks of smoking.
Asbestos manufacturers also faced severe litigation for knowingly endangering their workers. They caused illness and death for workers for decades before being brought to justice. Incriminating evidence revealed that many employers forbade their workers from speaking about or reporting lung issues, which indicated their knowledge. Thanks to product liability cases, hundreds of thousands of workers and their families received the care and resources they needed for the rest of their lives, and countless others were spared the effects of asbestos exposure.
Roundup Litigation Against Bayer/Monsanto
The Roundup litigation against Bayer/Monsanto has produced some of the most consequential failure-to-warn verdicts of the past decade. Monsanto knew as early as the 1980s that glyphosate, the active ingredient in its weed killer, could cause cancer. Rather than warn consumers, the company spent decades suppressing studies, pressuring regulators, and marketing Roundup as safe to use. When juries finally saw what the company knew and when, the verdicts followed: $175 million in our firm's first Roundup trial in Philadelphia, $2.25 billion in the second, $78 million in the third, and a record-setting $2.065 billion in Georgia.
Each verdict came down to the same core failure. A manufacturer with knowledge of serious risk chose profit over the warning that would have let consumers protect themselves. The principle Big Tobacco helped establish, that companies are accountable for what they hide from the people who buy their products, applies just as forcefully today.
Contact Our Product Liability Team About Your Design Defect Case
If you were injured by a defective product because you were not properly warned about the possible risks, then you may have grounds for a claim. Arnold & Itkin is not afraid to stand up against big manufacturing companies in order to obtain a successful settlement on behalf of our clients. If you want the skilled and aggressive legal representation of a personal injury attorney, please contact our firm.
If we take on your case, we will fight to see that you get the compensation you deserve. Get started today!
