Failure Analysis

Forensic product liability involves the investigation and analysis of products to determine the cause of harm or injury, and evaluate if the incident was due to a defect, malfunction, failure or improper use. This may include examining design flaws, manufacturing defects, or improper labeling that may lead to accidents.

Forensic engineers investigate the technical aspects of a product to identify defects and determine their potential role in causing harm or injury. They may analyze materials, manufacturing processes, mechanical failures, improper use of the product, or design flaws that may lead to the product's malfunction.

The three primary types of product defects are:

• Design defects: Flaws in the product's design that make it unsafe even before it is manufactured
• Manufacturing defects: Errors or problems that occur during the production of a product that make it different from the intended design, resulting in hazards
• Marketing defects (or failure to warn): Insufficient labeling, inadequate instructions, or failure to warn consumers about potential dangers of using the product

Forensic experts use a combination of methods, such as product testing, accident reconstruction, and material analysis, to establish a link between the defect and the injury. We may also review the product's usage history, consumer complaints, and regulatory compliance to build a case.

Potentially liable parties include:

• Manufacturers: For defects in design, manufacturing, or labeling
• Distributors: If the defect was known or should have been known
• Retailers: If they sold a defective product or failed to follow safety guidelines
• Suppliers: For providing faulty raw materials or components

Evidence is collected through methods like:

• Product inspections and testing to identify defects
• Reviewing documentation such as design blueprints, manufacturing records, and quality control reports
• Analyzing accident reports, consumer complaints, and previous incidents involving the product
• Consulting expert witnesses to understand the product’s intended function and safety standards

The statute of limitations, or the time frame in which a product liability lawsuit must be filed, varies by jurisdiction. Typically, it ranges from 2 to 6 years from the date of the injury or from when the defect was discovered. In some cases, the statute of repose may also apply, limiting the time a claim can be brought after a product is sold.

In a product liability case, the plaintiff typically has the burden of proof, meaning they must demonstrate that the product was defectively designed, manufactured, or marketed, and that the defect directly caused their injury. Forensic experts also have to analyze how the user interacted with the product and if that interaction was foreseable and/or if the product was used in a way that was not intended by the manufacturer and caused or contributed to the incident. Expert testimony and physical evidence play a significant role in determining the outcome of the case.

A product recall is when a manufacturer or government agency pulls a product from the market due to safety concerns or defects. A recall may be triggered by the discovery of a defect that poses significant risks to consumers. While a recall doesn’t automatically prove liability, it can be used as evidence in a product liability case to show whether or not the manufacturer was aware of the defect.