Litigation Readiness: A Checklist Every Manufacturer Needs
In high-stakes product liability litigation, the best defense often begins well before a lawsuit is filed. Manufacturers who prepare proactively are more likely to manage risks, control costs, and uphold their credibility in front of a jury. Below is a concise litigation readiness checklist that every product manufacturer should consider implementing company-wide.
Product Design & Testing
Solid design records can be a critical defense asset. Manufacturers should:
- Maintain comprehensive design history files for each product line
- Document all testing – internal, third-party, and regulatory
- Preserve records of alternative designs considered (even if rejected)
- Track engineering change orders clearly and consistently
Warnings, Manuals, & Testing
Poor documentation of warnings or marketing claims can become trial exhibits – against you. Ensure:
- Warning labels comply with ANSI, CPSC, and applicable industry standards
- All versions of user manuals and safety instructions are archived
- Marketing materials, packaging, and website screenshots are retained
Incident Reporting & Internal Investigations
The clock starts ticking the moment something goes wrong. Be ready:
- Use a consistent protocol for internal reporting of product-related injuries or malfunctions
- Document investigations thoroughly and objectively
- Consider privilege strategies early when preparing sensitive reports
Document Management & Retention
A sloppy document trail is a plaintiff’s dream. Tighten yours:
- Implement a document retention policy with litigation hold protocols
- Prevent automatic deletion of product-related emails or files
- Train employees on how to communicate responsibly in writing
Employment Training & Deposition Prep
The wrong testimony can sink your case. Anticipate it:
- Identify employees most likely to be deposed (engineers, compliance, sales)
- Offer periodic training on legal exposure and deposition basics
- Ensure they know where and how to store critical documentation
Vendor & Supplier Contracts
You can’t manage risk without controlling your supply chain:
- Include clear indemnity and defense provisions in supplier agreements
- Allocate risk upstream and downstream in writing
- Retain access to technical specifications and testing from vendors
When a Lawsuit or Claim Hits
When it happens, respond with discipline—not panic:
- Activate your litigation hold immediately
- Secure any exemplar products involved in the incident
- Notify your insurance carrier promptly
- Contact defense counsel before communicating with the claimant
Conclusion
Litigation readiness isn’t just a compliance issue—it’s a competitive advantage. Manufacturers who take these steps in advance are better positioned to protect their products, their reputation, and their bottom line. If your internal teams haven’t reviewed these protocols recently, now is the time.
Jim Pattillo is a member of Christian Small, LLP’s Product Liability Practice Group. He is leading litigation counsel for insurance, product, and commercial clients and is based in the firm’s Birmingham, Alabama office. Mr. Pattillo represents numerous commercial and personal insurers in matters involving bad faith, extra-contractual exposure, coverage litigation, and a variety of declaratory judgment actions. He also works closely with large SIU investigations on fraud-related matters. Mr. Pattillo focuses exclusively on litigation and trial work. He has a twenty-year trial record in the courtroom that is extensive and successful, including numerous seven and eight-figure exposures with results routinely exceeding client expectations.
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is a Mansfield Rule™ Certified Plus Law Firm. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
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