Quality concepts and litigation: the role of record‐keeping in products liability litigation in the USA

The purpose of this paper is to examine the myriad ways record‐keeping can affect the course and outcome of products liability litigation. The examination includes an overview of the civil jury system in the USA, as well as an analysis of the benefits gained from instituting quality concepts and principles regarding the creation, management, storage and protection of quality‐related documents. Frequently the “star witness” in a products liability lawsuit is not a witness at all – it is a document. The written record a company generates plays a critical role in presenting a case to the jury in the event of litigation. With regard to retaining and storing company records, serious legal problems arise when documents are lost, damaged or destroyed without adequate explanation. Accordingly, embracing and implementing quality concepts and principles with regard to record‐keeping provides numerous rewards in the event of litigation.