A primary principle of a products liability attorney is to always preserve the product at issue. Having litigated defects ranging from airbags to guardrails to chemical receptacles, I can confidently confirm the cogency of that credo. The absence of the product provides the defense expanded reign to fabricate alternate failure mode theories to the detriment of your case and client.
So what happens when the defendant itself fails to preserve your actual or potential evidence? This brief primer on the law humbly seeks to address this issue.