Product Liability Theories
What matters
A product case may focus on manufacture, design, warning, instructions, distribution, repair, or warranty. The theory affects the proof that must be preserved.
Records to gather
- The product in unchanged condition
- Packaging, manuals, receipts, serial and lot numbers
- Recall, repair, incident, and expert-inspection records
Questions to answer
- Who designed, made, sold, installed, or repaired it?
- Was the product altered after sale?
- What safer design or warning issue is alleged?
Avoid this mistake
Discarding or testing the product without a preservation plan can damage the ability to prove what failed.
Keep the state question visible
Choose a stateProcedure, definitions, coverage, and deadlines can change by jurisdiction.
Primary sources to check
Begin with the current statute text, the relevant court's rules and filing information, and any agency material tied to the defendant or insurance issue.
- USA.gov state and territory directory
- United States Courts for federal court information
- The official legislature, judiciary, and regulator for the relevant state
Source links checked August 29, 2026. A source page is a starting point; the controlling text and current court rules still need to be read.