Product identification requires evidence linking the injury to a particular defendant's product. Proof may come from the product itself, purchase records, invoices, work histories, or witness testimony.
Where identification is impossible, a small number of jurisdictions have recognized alternative theories such as market share liability in narrow contexts.
Alternative Names:
Product ID, Identification of the Product
Why it Matters?
Identification is the threshold defense in asbestos and pharmaceutical litigation, where exposures occurred decades ago and records are incomplete. Claims frequently fail on this element alone, which makes early written discovery targeting the plaintiff's product-specific evidence one of the most efficient uses of discovery. Where the plaintiff cannot place the defendant's product at the exposure site, summary judgment is available without reaching defect.
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Frequently asked questions
What happens if the product cannot be identified?
How is identification proven in asbestos cases?
