Life-threatening birth control and other medical devices have been removed from the market and the industry exercises more caution before introducing new devices. Asbestos is no longer used as an insulator, infants' toys are safer and, in general, manufacturers are simply producing safer products. Perhaps the greatest incentive however, has been products liability lawsuits. Because of the consumer's right to personally enforce the law through his or her decision to bring a products liability lawsuit, manufacturers know that if they create a product that is unreasonably dangerous, they subject themselves to serious liability. The products liability lawsuit is the consumer's most effective weapon against unreasonably dangerous products.
Regulations often lack teeth and offer little more than a wrist slapping to the manufacturer.
A products liability lawsuit allows the individual citizen to assume the role of the attorney general and to prosecute an action against greedy, reckless, or negligent manufacturers. It is therefore not surprising that manufacturers are frightened of the consumer's right to sue. It is also not surprising that manufacturers are working to limit the consumer's right. Although a person injured by an unreasonably dangerous product is justified in seeking compensation for his or her injuries, the consumer should be aware that a products liability lawsuit is oftentimes a hard-fought battle. The manufacturer generally has no concern for fairness.