"... then they should be liable to customers who suffer injury from failed service."
Don't people kind of know cell phones don't work reliably? Isn't that the reason you're supposed to keep your land line? I've spent something like $30 a month for years maintaining a land line that mostly only collects commercial calls and wrong numbers because it just might happen that there will be an emergency and only the land line will work.
I finally cut of my land line, driven to it by a particular screw up. And I'd like to think the cell phone will fill the gap, performing like the old technology. But I think we know the risks and we've chosen them. What other predictable disappointments should be converted into lawsuits?