The theory allows a plaintiff to establish defect circumstantially where the product malfunctioned during normal use and other causes are eliminated. It parallels res ipsa loquitur.
It applies where the product was destroyed or the defect cannot be identified.
Alternative Names:
Product Malfunction Doctrine, Indeterminate Defect Theory
Why it Matters?
Elimination of other causes is the element the defense attacks, since the theory requires ruling out user error, misuse, alteration, and normal wear as explanations. A product with substantial age and use history is difficult to fit within the theory. Where the product was destroyed in the incident, spoliation questions arise alongside the malfunction analysis if the plaintiff controlled the remains.
Frequently Confused with
Related terms
Frequently asked questions
What must be eliminated?
When does the theory apply?
