As paralegals, we are often the first to hear a client’s story, review their intake forms, or read the first police report that crosses our desks. That early involvement makes us the first—and sometimes the only—people with a chance to spot the difference between a “basic wreck” and a life-changing product liability case before important evidence is lost or destroyed. The lawyer may not realize it yet. The client may not realize it. But the difference between identifying a potential product defect and missing it can mean the difference between a $50,000 policy-limits settlement and a multimillion-dollar recovery for a grieving family.
This article walks through how to recognize potential product cases, the red flags to look for, and what immediate steps you should take to protect the evidence.
What Is a Product Liability Claim?
A product liability claim arises when a defect in a product—its design, manufacture, or warnings—makes it unreasonably dangerous and causes injury or death. Unlike a standard negligence case, where we focus on someone’s careless conduct, a product case focuses on something that failed, not someone. Sometimes the defect is obvious, but often it hides behind assumptions. A rollover that seems like driver error may trace back to an SUV’s unstable design, or a single-vehicle crash may stem from a weak door latch. Even poor labeling—confusing dosages on medication boxes—can form the basis of a claim.
Case Scenarios That Should Raise Your Suspicion
The “Basic Wreck” That Isn’t
A client’s son swerves to avoid another car, rolls his small SUV, and is killed. The lawyer settles for policy limits of $50,000. Months later, you discover that the same model SUV has well-known rollover and stability defects. Had anyone investigated and preserved the vehicle as evidence, the case could have been worth millions. The takeaway: if the injury or death seems too severe for the accident mechanics, ask why.
The “Mystery Ejection”
A driver is found dead outside his car after a single-vehicle crash. No broken windows, no open doors. Everyone calls it a mystery. But the car had a weak door latch that opened under impact and then closed again. Those cases have settled for millions because a door latch is part of the product—and when it fails, it’s a product defect.
The Packaging Problem
A child dies after receiving an adult dose of medication. The nurse mixed up two nearly identical boxes. The fonts, colors, and labeling were indistinguishable. Because packaging is considered part of the product, the drug company shared responsibility. Never overlook packaging or labeling issues—especially in medical or industrial settings.
The Missing Safety System
A young mother is killed when a tractor-trailer rear-ends her SUV. Everyone blames the truck driver, and the case settles for the carrier’s $1 million policy. Later you learn the truck lacked Forward Collision Warning and Automatic Emergency Braking—features the manufacturer sold as “optional.” The carrier declined them to save money. Suddenly, it’s not just a negligence case—it’s a defective design and corporate-safety failure.
The Collapsing Seatback
A driver is rear-ended, and her seat collapses backward during impact, ejecting her into the second row. A deeper investigation reveals the manufacturer knew the seat design failed rear-impact tests but kept using it to save costs. What looks like a routine $50,000 rear-end case becomes a multimillion-dollar defective-seatback case.
Industrial and Commercial Equipment Cases
Industrial equipment failures can be deadly. In one case, a worker was crushed by a street-sweeper after accidentally triggering an exposed toggle switch. The switch had been moved to a dangerous location without any safety analysis. When reviewing workplace injuries, check whether equipment lacked guards, failed unexpectedly, or was modified. Many machines in use today were designed decades ago and don’t meet modern safety standards.
The “Sniff Tests”: When to Look Closer
When you review new intakes or police reports, apply the “sniff test.” If something feels off, dig deeper. Catastrophic injuries from minor crashes, single-vehicle wrecks with no clear explanation, or inconsistent reports should all trigger suspicion. Industrial or workplace injuries involving exposed switches, missing guards, or equipment malfunctions often hide defects. If your instincts tell you the injuries don’t match the story, involve a product-liability attorney.
Common Types of Defects
Design Defects occur when the product is unsafe from the start—like GM’s ignition switch defect that shut off engines during driving, disabling airbags and brakes. Manufacturing Defects happen when a good design is mis-executed in production, such as a contaminated batch or loose bolt. Failure to Warn involves products lacking adequate instructions or warnings, such as medications without dosage clarifications or missing hazard labels.
Preserving the Product
Once a defect is suspected, preservation becomes priority number one. You cannot prove a product case without the product. Ask immediately where it is, send litigation hold letters to anyone with custody, and secure it in a safe location. Document everything before it’s altered or destroyed. For vehicles, the crash report will usually list a tow yard—call immediately and follow up in writing. Losing the product means losing the claim.
Why This Matters
Our job as paralegals isn’t just to gather records—it’s to help clients get every ounce of justice they deserve. Spotting a potential product defect can mean the difference between modest settlements and true accountability for preventable harm. It can also protect your firm from missing life-changing claims.
The Takeaway Checklist
• Look beyond the obvious. If the story doesn’t fit the damage, suspect a defect.
• Preserve the product immediately—cars, tires, machines, or medical devices.
• Document chain of custody and know who has the item.
• Check recall databases like NHTSA or CPSC for prior issues.
• Consult a product-liability attorney early, even if uncertain.
• Mind the statute of repose—ten years from the product’s first sale in most cases.
Final Thoughts
Every product we use—cars, tools, medications—comes with an expectation of safety. When that expectation is violated and a client is injured or killed, the case is about accountability. Paralegals are on the front lines of that discovery process. Recognizing a potential product liability case isn’t just good case work—it’s justice work. Trust your instincts, ask questions, and preserve the product. You might just uncover the defect that changes everything.