Expanded ‘Product’ Definition Drives Surge in Nuclear Liability Verdicts
In-house counsel leading product, risk, and litigation teams for goods manufacturers and distributors must act, as courts broadening the legal definition of ‘product’ are exposing firms to far larger unanticipated liability verdicts.
A 2026 Chambers and Partners Product Liability & Safety guide analysis highlights a growing judicial trend of expanding the legal definition of ‘product’ to include non-traditional items such as software components, bundled service offerings, and third-party add-ons paired with core physical goods. This shift has contributed to a surge in nuclear product liability verdicts, with juries awarding nine-figure damages in cases that would have historically been dismissed or settled for far lower amounts. In-house counsel should audit product lines, distribution agreements, and warranty terms to identify exposure gaps, and update risk mitigation protocols to account for the broader judicial interpretation of ‘product.’