In the landscape of products liability law, a trend appears to be taking shape where plaintiffs are using the RICO statute rather creatively to style their cases. The crux of the dispute, however, hardly strays from traditional products liability action. This maneuver is viewed by some as an attempt by the plaintiffs’ bar to present products liability actions under a different statutory scheme. The aim, presumably, could be to amplify exposure and dial up the stakes for defendants.
This interesting approach appears to be a beneficial tool for plaintiffs. Employing the RICO statute, a tool generally reserved for situations involving racketeering activities, could offer plaintiffs an additional avenue for compensation. Aligning a product liability claim to a RICO violation can provide for treble damages and attorney’s fees, which ultimately serves to strengthen a case by opening up the opportunity for larger judgments.
However, this strategy is not without its complexities. For instance, satisfying RICO’s elements in a products liability case is a formidable challenge for plaintiffs. This is due largely to the fact that RICO was designed primarily to combat organized crime and not specifically for products liability issues.
Despite these challenges, the enforcement of the RICO statute in this fresh perspective poses significant potential implications for businesses and legal professionals alike. Being on the receiving end of a RICO-aided products liability claim, while facing the prospect of exponentially increased liability, is certainly a position corporations and law firms need to be prepared for.
For the original discussion on this subject, please visit Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.