Product liability investigations require more than determining whether a product failed. They involve evaluating the product’s design, manufacturing process, intended use, and the circumstances surrounding an incident to develop objective, evidence-based conclusions. As products become more advanced and claims continue to evolve, experienced engineering expertise plays an important role in helping manufacturers, insurers, and legal teams understand the factors contributing to product-related incidents. We spoke with Hratch Nerkizian, Senior Managing Consultant at YA Group, about what makes a product liability investigation defensible and how the field continues to evolve.
Q: What does a thorough product liability investigation look like, and what separates a defensible opinion from one that won’t hold up?
A: A defensible investigation follows a structured, scientific process that begins with preserving physical evidence before progressing through design reviews, manufacturing documentation, site inspections, laboratory testing, and applicable industry standards. Rather than focusing only on the incident itself, investigators evaluate the product’s entire lifecycle to determine whether design, manufacturing, maintenance, or product use contributed to the outcome.
Q: What are the greatest challenges when evaluating product liability claims?
A: One of the most common challenges is avoiding confirmation bias. Initial reports may suggest a cause, but physical evidence often tells a more complete story. Investigations must also distinguish between foreseeable misuse, which manufacturers are expected to consider during product design, and extraordinary misuse that falls outside reasonable expectations. In many cases, evaluating the broader supply chain can also help identify where responsibility may ultimately reside.
Q: Why is early expert involvement so important?
A: Engaging qualified technical experts early helps preserve critical evidence, document conditions accurately, and evaluate technical issues before important information is lost. Early analysis also provides attorneys, insurers, and manufacturers with a clearer understanding of the engineering issues involved, supporting more informed decisions throughout the claim process.
Q: How is the product liability landscape changing?
A: Product liability claims have expanded beyond traditional manufacturing defects to include increasingly complex allegations involving product warnings, safety features, and design decisions. At the same time, manufacturers continue to balance accelerated product development with evolving consumer expectations, making comprehensive engineering evaluations more important than ever.
Q: How is artificial intelligence influencing product liability?
A: Artificial intelligence is beginning to influence product development, manufacturing, quality control, and defect identification by helping manufacturers identify potential issues earlier in the product lifecycle. However, AI cannot fully account for every real-world use, unforeseen failure scenario, or technical nuance. As these technologies continue to evolve, experienced engineering experts remain essential for interpreting evidence, evaluating complex product failures, and providing objective opinions that withstand legal scrutiny.
