Defense Contractor

A defense contractor is a private company that sells equipment, supplies, or services to the Department of Defense or other military agencies, from aircraft and weapons to boots, earplugs, and base operations. Because so much military gear is made by private companies, service members who are hurt by defective equipment often have claims against the contractor rather than the government, which is largely shielded from these suits.

Contractors have a powerful defense. In Boyle v. United Technologies Corp. (1988), the U.S. Supreme Court held that state law design defect claims over military equipment are displaced when the United States approved reasonably precise specifications, the equipment conformed to them, and the supplier warned the government about dangers it knew of that the government did not. This "government contractor defense" can defeat claims, so plaintiffs often focus on whether the contractor hid problems or departed from the specifications.

The best-known recent example is the Combat Arms earplug litigation against 3M and its subsidiary Aearo Technologies, where veterans alleged the dual-ended earplugs were defective and caused hearing loss and tinnitus. In August 2023, 3M agreed to pay a total of $6.0 billion between 2023 and 2029 to resolve that litigation. Defense contractors can also face False Claims Act cases brought by whistleblowers over overbilling or defective goods.

If you served and believe military equipment injured you, keep your service records, medical records, and any documents showing which equipment you were issued. Our military earplugs and burn pits page and qui tam page explain the options.