Insight

Product Liability for Internet-Connected Devices

Product Liability for Internet-Connected Devices

 Product Liability for Internet
Sean M. Cleary

Sean M. Cleary

April 18, 2017 05:29 AM

We live in a network-dependent world, and the biggest dependency is that on the internet. Not just people are constantly turning to the internet, but increasingly our devices do so, too. Thousands of reports qualify the Internet of Things (IoT) as the “new thing.” Unfortunately for the consumer, for the moment, that only means that individuals and consumers may be more exposed to various kinds of dangers unless product liability is taken much more seriously in this new interconnected age.

What Is the Internet of Things?

The Internet of Things has become the umbrella term for all devices connected to a network (especially the internet). These devices nowadays include wearables like smart watches (integrating GPS, internet access, health information etc.), connected homes (i.e. homes where the thermostat, lights, or irrigation are connected to the internet or a home network for more efficient deployment), cars connected to a network that integrates GPS, mileage, traffic information, automaker information etc. The IoT can also include connected cities and industrial sites.

The number of IoT devices in use in the very near future has been widely disputed, some estimates (like Gartner’s) placing it in the neighborhood of 8 billion in 2017 and over 20 billion by 2020. Other analysts break the hype by claiming it will barely have broken the 1 billion barrier by then. The main concern that, despite its advantages, still makes IoT less than compelling for mass adoption is that, without better product liability practice and legislation, consumer security is still a grave issue. However many devices there will be out there, even one device that you own can make you vulnerable to massive hacking and expose your information to malicious use.

Why Is Product Liability Essential for an IoT World?

Several car hacks, a massive denial-of-service attack in October 2016 that probably originated in the IoT, as well as thousands of vulnerabilities detected, if not yet exploited, in our IoT devices are now proof that swift action is required in this field.

As a consumer, your exposure to IoT devices should be covered under product liability legislation. Products you buy should be safe to use and not expose you to any harm, whether physical injury if your car is hacked or financial loss if your personal data are breached.

Indeed, the first class action involving the Internet of Things was launched in March 2015 after Senator Markey (D-MA) exposed some mishandled situations of potential vulnerability with automobile manufacturers Toyota, Ford and, General Motors. The case was dismissed because the plaintiffs were unable to prove actual injuries, while the risk of future harm was not imminent and based on speculation only. However, it is to be hoped a red flag was raised concerning security issues with the so-called Internet of Cars.

Several car hacks, a massive denial-of-service attack in October 2016 that probably originated in the IoT, as well as thousands of vulnerabilities detected, if not yet exploited, in our IoT devices are now proof that swift action is required in this field.

On the other hand, you should pay particular attention to how your connected devices may make you vulnerable, and you should not hesitate to take legal action when an actual breach has taken place. Think of the many paths of access to your information (and safety). Sensors that tell you your fridge is empty could be hacked to buy food on your account; weather sensors could be hacked to over-irrigate your lawn; car wi-fi could be hacked to steer your vehicle off the road; GPS-connected watches could be hacked to stalk you; your computer’s financial information could be sold to unreliable datamining third parties who then resell it to shady operations vulnerable to attacks. The list is almost infinite in an age of almost infinite internet-connectedness.

The point is that the consumer who has been a victim of such an attack should not accept it as a “given” of the internet age. It is natural that, if attacked in this manner, you should respond by rushing to recover your data and reinstate some sense of security; however, do not forget that you are not at fault for trusting a product you were told was safe. Manufacturers of connected devices, parts, and software need to be made responsible for product malfunctions, whether these malfunctions have immediate physical effects or result in more insidious losses.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background