Section 8.12 Products Liability Cases

• Library: Sources of Proof (2014 Ed.)

3. (§8.12) Products Liability Cases

The products that may lead to injury through defects or negligence in design or manufacturing or through misuse are virtually limitless. When that happens, the particular product in question is likely to be the key ultimate exhibit. Counsel must lay a foundation to reasonably identify the object as being the one in question and establish that it is in substantially the same condition. These facts do not need to be established as a matter of law; factual disputes may be decided by the trier of fact. Storm v. Ford Motor Co., 526 S.W.2d 875, 878 (Mo. App. W.D. 1975).

If the entire product is too bulky, particular smaller components or similar product components may suffice, Rinker v. Ford Motor Co., 567 S.W.2d 655, 666 (Mo. App. W.D. 1978), or it may be necessary to use photographs or films. When the actual product is no longer available, models of substantially similar appearance and characteristics may be substituted. It is also possible, if some portion of a product is not readily accessible for jury viewing, to use a video camera transmitting to a monitor—as contrasted with a video taken at some other time—to explain what is being seen at a particular time during expert testimony. Product literature of various sorts may contain pictures, diagrams, or other information of interest. Design drawings and specification sheets may be useful. Similar products from the same or other...