Product Liability

Basics Investigation Coverage Local Law    

Product Liability Investigation Checklist
Be sure that the product is preserved as key evidence. It should not be altered or physically tested with out the approval of all involved parties. 
  Was the insured the original producer of the product?
If no,
Obtain copy of purchase order
or other agreements with insured's supplier.
Obtain copy of any vendor's endorsements or certificates
of insurance provided by the supplier.
If yes,
Get full history of the product from the insured
The product history includes
  • laboratory testing
  • date first sold
  • any recalls
  • any litigation
  • governmental approvals
.
 
  Search the World Wide Web to complete
the full history of the product
including consumer feedback.  
AltaVista
 Find this:
 
News The Web
 
  Obtain all product literature and print
all Web pages for the product.
 
  Determine if product, packaging or literature
was altered after leaving the insured's possession.
 
  Obtain all sales, rental or other transaction documents.  
  Is product itself clearly defective?
If yes,
did the defect cause the injury or property damage
and was the defect known by the claimant?
If not,
does the literature or packaging mislead or fail to warn?
 
  Determine the life expectancy or shelf life of the product  
  Videotape or photograph product
before it is taken into custody.
 
  Obtained insured's opinion whether the product was used as intended.  
  Create a history of the specific product
that caused the injury or damage.
 
Further investigation may require inquiry into
manufacturing process, materials and component products.
Check statutes of limitations
and repose:

Bodily injury: 
Property damage: 
Wrongful death: 
Unwritten contract: 
Written contract: 
Repose/Construction: 

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