• Does Spoliation Spoil a Product Liability Claim? Analyzing and Defending Product Liability Claims of the Product-less Claimant
  • January 16, 2018 | Authors: Anna Little Morris; Margaret Z. Smith; Phillip S. Sykes
  • Law Firm: Butler Snow LLP - Ridgeland Office
  • In a product liability action, the plaintiff must establish that the defendant’s product was the cause or contributing cause to plaintiff’s injuries regardless of the theory alleged. This can be fairly straightforward when the product is available for inspection and testing. But how does a plaintiff demonstrate a product defect when the subject product is unavailable? The following article examines case law from select jurisdictions to see how various courts address this unique issue.