Are There Possible Flawless Computer Products

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Liability laws are in some ways tighter than they’ve ever been, and sellers of computers and other related products have used various ways either of complying with them, or trying to get out from under them. They don’t have a lot of economic incentives to create defect-free products, since technology changes so quickly and upgrades are always around the corner. Even with the increase in viruses, computers in particular aren’t always repaired, given the high costs and the inevitability of upgrades. Of course, the result of this is that a product liability attorney is often called upon to deal with the situation.

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.

However, because of law suits connected to flawed computer products, suing for loss of business, loss of data, business downtime and so on, some steps are being taken. Some law firms are helping clients in a pre-emptive way, with many product liability attorneys working with businesses well before their products are even launched. They may research the standards and requirements for the product, and help the company package, label and launch it correctly. This can reduce the risk of defects in advance. However, there will still be occasional flaws and recalls, so legal counsel will then become involved to manage any post-launch difficulties.

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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