Product defect cases can be some of the most challenging losses for subrogation practitioners to prosecute. There are logistical concerns such as whether enough of the subject product survived the loss to reach a theory of liability. There are practical concerns such as identifying a viable manufacturer or distributor to pursue. Then of course, there are legal concerns. Proving the legal elements necessary to support a product defect case in court is complex, and it only becomes more so when…
By: White and Williams LLP
By: White and Williams LLP
