May 01, 2012
Is There a Products Liability Case Without the Product?

By Leslie M. Kroeger and Diana L. Martin

A relatively unique aspect of products liability cases is that the event giving rise to a claim for product defects often also destroys the central evidence in the case—the defective product. Even if the product is not destroyed, the event may so damage the product that it is discarded as garbage by someone who fails to recognize its significance as evidence in a potential lawsuit. While turning down a potential products case may often be the first inclination of an attorney evaluating a claim based on a destroyed or discarded product, the recent decision in Murray v. Traxxas Corp., 78 So. 3d 691 (Fla. 2d DCA 2012), warrants giving such cases a second hard-look.

The full article can be read here.