The Rise Of “Nuclear Verdicts” And What It Means For Product Liability Cases

In recent years, product liability litigation has witnessed an unprecedented shift in jury verdicts, where juries are awarding massive damages to plaintiffs. These are known as “nuclear” verdicts. The damages awarded in these cases run into the tens of millions of dollars and sometimes even hundreds. The verdicts are changing the way product liability risks are managed, insured, and litigated from inception to resolution. 

What are nuclear verdicts? 

A nuclear verdict, in most cases, means a jury award that exceeds historical norms for the same type of case. In product liability cases, the nuclear verdicts are often for claims of catastrophic injury or wrongful death due to a defective consumer product, industrial equipment, drug, or medical device.

Whereas compensatory damages include medical bills, lost income, and pain and suffering, nuclear verdicts are often the result of punitive damages. Punitive damages are often the result of jury decisions where they believe the manufacturer acted with a conscious disregard for the well-being of their customers, ignored major defects, and failed to provide adequate warnings or recalls. 

Why product liability cases are seeing larger verdicts 

There are numerous factors that are leading to an increase in nuclear verdicts in product liability cases. First, juries are becoming more distrustful of large corporations, especially when they see internal documents that indicate safety issues were not considered as important as the bottom line or speed to market.

Second, the plaintiff’s lawyers are focusing more on the behavior of companies rather than their client’s injuries alone. By focusing the jury’s attention on the behavior of companies, attorneys are asking juries to send a message to the negligent company.

Third, cases are more dramatic today, with visuals and expert testimony, as well as life care plans that demonstrate the long-term effects of the injuries caused by the products. This is especially true in permanent disability cases or child injuries. 

The role of punitive damages 

Punitive damages are a major component of many nuclear verdicts. In product liability cases, punitive damages are often awarded when a defendant is alleged to have been aware of a defect and failed to act on it. In these cases, the court has the power to allow punitive damages if evidence shows that alternative designs were available, or if the defendant deliberately minimized or omitted warnings on the product.

Some jurisdictions limit punitive damages, but in many jurisdictions, the jury has significant leeway. Even if a jurisdiction has a limit on punitive damages, the total of compensatory and punitive damages can still be substantial enough to change the financial picture for a company. 

Talk to a Florida Product Liability Lawyer Today 

Halpern, Santos & Pinkert represent the interests of Florida consumers in product liability lawsuits. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.