Some commentators complain that a “litigation explosion” in the past decade has led to unreasonably high costs for U.S. businesses by encouraging more product liability suits against manufacturers. However, these complaints are based mainly on myth. Statistics show that the number of successful product liability suits has remained almost the same, and the average sum awarded in damages has grown no faster than the inflation rate.
Which of the following, if true, would most weaken the argument above?
(A) The number of unsuccessful suits has skyrocketed, imposing huge new legal expenses on businesses.
(B) Several of the largest awards ever made in product liability cases occurred within the last two years.
(C) The rise of the consumer movement has encouraged citizens to seek legal redress for product flaws.
(D) Lawyers often undertake product liability cases on a contingency basis, so their payment is based on the size of the damages awarded.
(E) Juries often award damages in product liability suits out of emotional sympathy for an injured consumer.