Recalls on defective products are unfortunately a regular occurrence. As a result, there seems to always be news about defective product lawsuits.
Companies that have lawsuits brought against them due to defective products often try to forgo a trial by jury and will try to get the case dismissed or settled.
This works out well for the company and the company alone. It also shows why the presence of a jury is important in a defective product case.
Why companies try to avoid jury trials
One of the main reasons companies don’t want a jury trial is because of how much it could wind up costing them.
Not only is a jury trial expensive, but the possibility of the company being found at fault and having to pay a large amount is an outcome that any company wants to avoid.
Companies also know that a lawsuit would be bad publicity for them. So not only would they lose money from a trial and possible payout, but also from current and future customers that are turned off when they learn about product recalls or defective product trials and then decide to take their business elsewhere.
How companies try to avoid jury trials
A common way that companies try to avoid jury trials is to file a motion for a summary judgment.
Summary judgements allow the judge to review the initial information presented by both sides and possibly dismiss it.
The company’s defense would have to convince the court that none of the facts presented can be disputed and, therefore, a case is unnecessary.
Why jury trials are necessary
While a company has every right to try to avoid a jury trial, where does this leave the victim?
Silenced, and many feel it’s unfair to not let victims’ voices be heard.
Especially when America’s democratic justice system was built on this premise. Our founding fathers went as far as making trial by jury a constitutional right.
Jury trials make sure that both sides have a chance to fully present their cases to their peers. A jury brings a common-sense perspective of the average American citizen to a case, which supports America’s system of checks and balances.
