- Product liability isn’t limited to manufacturing defects.
- Design defects are different.
- Failure-to-warn claims are different.
- Product identification can matter.
- Supply chains may contain multiple defendants.
- Retailers can have different responsibilities.
- Manufacturers may be located in another jurisdiction.
- Product modifications can complicate cases.
- Improper use may become an issue.
- Recall history can be important.
- Prior complaints may matter.
- Testing records can matter.
- Expert testimony is frequently important.
- Preserving the product can be critical.
- Don’t throw away the allegedly defective product.
- Photographs can become valuable evidence.
- Packaging should be preserved. Instructions and warnings should be preserved.
- Purchase records can matter.
- Warranty language may become relevant.
- Statutes of limitation vary.
- Mass claims can create different litigation structures.
- Beware lawyers making guaranteed-value claims.
- Ask about actual product-liability trial experience.
- Biggest mistake: discarding or modifying the product before it can be examined.
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