Evidence

Evidentiary law plays a significant role in products liability suits. The attorneys within the Products Liability practice group analyze each case based on the facts and the jurisdiction’s evidentiary law. From the initial stages of the litigation, we examine the evidence of the case with an eye toward the ultimate issues of the case. This experience with specific categories of products enables us to assess the likelihood of whether a plaintiff may prove the alleged defect of a product.

Experience in the Products Liability group has shown that a products liability case may turn on direct evidence or circumstantial evidence. A party may seek to prove a specific defect in the product at issue in the case by using a witness to the incident or an expert who testifies about the product’s design or manufacturing defect. As the Missouri Court of Appeals has noted a party may also be able to prove his or her case through circumstantial evidence that results in a well-connected train of circumstances that is as compelling and cogent as direct evidence. Russell v. St. Louis County Cab Co., Inc., 493 S.W.2d 26, 30 (Mo. App. 1973).

In products liability cases, evidence regarding inspection or manufacturing procedures has specific consequences depending on the type of theory alleged by the plaintiff. The attorneys within the Products Liability practice group are trained in the different theories of liability and the use of evidence in a specific type of case. We possess extensive knowledge about the legal consequences of evidence, and its effect in the different theories of liability such as negligence, warranties, strict liability, as well as theories related to common law and statutory defenses.

Additionally, we specialize in the evidentiary issues related to unique products such as prescription drugs, medical devices, and food products. In some cases, predictability benefits that outweigh risks may prevent a product from being inherently defective. To ensure such nuances are recognized early, the Products Liability practice group has created sub-groups that specialize in specific products. These sub-groups monitor changes in the law and the various industries.

Finally, the Products Liability practice group emphasizes continuing training on the legal consequences of expert opinions, inspection procedures, the use of other accidents or claims, government reports or standards, industry standards, and the use of expert testimony regarding warnings. This continuous training ensures that we remain current in the various evidentiary trends and changes within the industry.