DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, State ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]

RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Purchase Date/Location: [Date / Retailer Name]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement.

I. PRESERVATION OF EVIDENCE - CRITICAL NOTICE

YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:

Product-Related:
☐ The subject product and all component parts (if in your possession or control)
☐ All exemplar products of the same make and model
☐ Design documents, specifications, and engineering drawings
☐ Manufacturing records for the subject product and similar products
☐ Quality control records and inspection reports
☐ Testing data and results (pre-market and post-market)
☐ Safety assessments and risk analyses
☐ FMEA (Failure Mode and Effects Analysis) documents
☐ Hazard analyses
☐ All versions of owner's manuals and instructions
☐ All versions of warnings and labels
☐ Marketing and advertising materials
☐ Sales records and distribution history

Regulatory and Compliance:
☐ Communications with FDA, CPSC, NHTSA, or other regulatory agencies
☐ Regulatory submissions and approvals
☐ Recall notices and service bulletins
☐ Reports submitted under mandatory reporting requirements
☐ Adverse event reports (MDRs, complaints, etc.)

Complaints and Claims:
☐ Consumer complaints involving this product or similar products
☐ Prior claims and lawsuits involving this product
☐ Prior claims involving similar defects
☐ Settlement records for similar claims
☐ Insurance claims and correspondence

Communications:
☐ Internal communications regarding product safety
☐ Communications with suppliers regarding components
☐ Engineering change orders and rationale
☐ Meeting minutes where product safety was discussed

THE SUBJECT PRODUCT IS CRITICAL EVIDENCE. DO NOT ALTER, REPAIR, DESTROY, OR DISPOSE OF THE PRODUCT. ANY SPOLIATION WILL RESULT IN SEVERE SANCTIONS AND ADVERSE INFERENCES.

II. THE DEFECTIVE PRODUCT

A. Product Identification

B. Chain of Distribution

The following entities are involved in the chain of distribution and may bear liability:

C. Product Background

[Describe the product - what it is, its intended use, who uses it, relevant safety considerations]:

The [Product Name] is a [description of product] designed and marketed for [intended use/purpose]. The product is marketed to [describe target consumers/users].

[If applicable: The product is subject to regulation by [FDA / CPSC / NHTSA / other agency] under [applicable regulations].]

III. THE DEFECT

A. Nature of Defect

[CUSTOMIZE BASED ON TYPE OF DEFECT:]

☐ DESIGN DEFECT:

The [Product Name] contains a design defect that renders it unreasonably dangerous for its intended and foreseeable uses. Specifically, the product was designed with [describe the design flaw]:

[Detailed description of design defect - e.g., "an insufficient safety guard that allows users' hands to contact the moving blade," "a fuel system that ruptures upon rear-end collision," "a pharmaceutical formulation that causes [adverse effect]," etc.]

This design defect exists in all [Product Name] products of this model/type, not just the specific unit involved in our client's injury.

Alternative Safer Design:

A feasible alternative design existed at the time of manufacture that would have prevented or significantly reduced the risk of the injury that occurred. Specifically:

[Describe the alternative design - e.g., "a blade guard with a micro-switch that stops the blade when the guard is lifted," "a reinforced fuel tank," "a different chemical formulation," etc.]

This alternative design:
☐ Was technologically feasible at the time of manufacture
☐ Was economically feasible to implement
☐ Would not have significantly impaired the product's utility
☐ Was used by competitors or in later models
☐ Would have prevented our client's injury

☐ MANUFACTURING DEFECT:

The specific [Product Name] involved in our client's injury departed from its intended design due to a manufacturing defect. Specifically:

[Describe how this particular product differs from the intended design - e.g., "the weld on the safety bracket was incomplete," "the pharmaceutical contained a contaminant," "the component was incorrectly installed," etc.]

This defect occurred during the manufacturing process and caused this particular product to be more dangerous than intended.

Evidence of Manufacturing Defect:
☐ [Physical evidence from the product]
☐ [Expert inspection findings]
☐ [Quality control records showing deviation]
☐ [Comparison to exemplar product]

☐ FAILURE TO WARN / INADEQUATE WARNINGS:

The [Product Name] was defective due to inadequate warnings and instructions. The manufacturer knew or should have known of the following risks, yet failed to adequately warn consumers:

[Describe the known risks and the inadequacy of warnings]:

The inadequate warnings failed to:
☐ Adequately describe the nature and severity of the risk
☐ Convey the consequences of failing to heed the warning
☐ Provide instructions for safe use
☐ Reach the user in an effective manner
☐ [Other warning deficiencies]

B. Evidence of Defect

The defect is established by the following evidence:

Physical Evidence:
☐ The subject product has been preserved and examined
☐ Expert examination reveals [findings]
☐ Comparison to exemplar reveals deviation from design
☐ [Other physical evidence]

Documentary Evidence:
☐ Internal company documents acknowledge the defect
☐ Prior complaints regarding the same defect
☐ Recall history or service bulletins
☐ Regulatory correspondence regarding the defect
☐ [Other documentary evidence]

Expert Analysis:
We have retained [Expert Name], a [credentials - e.g., "licensed professional engineer," "biomechanical engineer," "materials scientist"], who has examined the product and concluded that [summarize expert's conclusions].

IV. THE INCIDENT

A. How the Injury Occurred

On [Date], at approximately [Time], our client was [describe what client was doing with the product]:

[Detailed narrative of the incident]:

[Example: "Our client was using the [Product Name] for its intended purpose of [describe use] at [his/her] home. While operating the product in accordance with the manufacturer's instructions, the [describe what happened - e.g., 'blade guard failed, allowing the blade to contact client's hand,' 'product suddenly caught fire,' 'product exploded,' etc.]."]

B. Foreseeable Use

Our client was using the product in a manner that was:

☐ Intended by the manufacturer
☐ Foreseeable by the manufacturer
☐ In accordance with provided instructions
☐ Consistent with product marketing and advertising

[If misuse alleged, address why it was foreseeable or not the cause of injury]

C. Causation

The defect in the [Product Name] was the direct and proximate cause of our client's injuries. Specifically:

☐ The defect caused the product to malfunction
☐ The malfunction resulted in [describe harmful event]
☐ The harmful event directly caused our client's injuries
☐ The injuries would not have occurred but for the defect

There was no intervening cause or superseding event that broke the chain of causation.

V. LIABILITY THEORIES

A. Strict Products Liability

Under the doctrine of strict products liability, a manufacturer, distributor, and seller of a defective product is liable for injuries caused by that product, regardless of fault or negligence. The injured party need only prove:

1. The product was defective when it left the defendant's control;
2. The defect made the product unreasonably dangerous;
3. The defect was the proximate cause of the plaintiff's injuries; and
4. The plaintiff suffered damages.

[STATE-SPECIFIC NOTE: Insert applicable state products liability statute or Restatement provisions]

Under [State] law, strict products liability is governed by [cite statute or case law - e.g., "Section 402A of the Restatement (Second) of Torts, adopted in [State case name]," "the [State] Product Liability Act, [cite statute]," etc.].

All elements of strict liability are satisfied in this case:

☐ Defective Condition: The product contained a [design / manufacturing / warning] defect as described above.

☐ Unreasonably Dangerous: The product was more dangerous than an ordinary consumer would expect when using the product in an intended or reasonably foreseeable manner.

☐ Causation: The defect directly caused our client's injuries.

☐ Damages: Our client has suffered substantial damages as detailed herein.

B. Negligence

In the alternative or in addition to strict liability, your company is liable under negligence theories:

1. Negligent Design:

Your company owed a duty to design a reasonably safe product. Your company breached this duty by designing a product with an unreasonably dangerous [design characteristic]. This breach caused our client's injuries.

2. Negligent Manufacture:

Your company owed a duty to manufacture products that conform to design specifications and are free from defects. Your company breached this duty when this product was manufactured with [describe manufacturing defect]. This breach caused our client's injuries.

3. Negligent Failure to Warn:

Your company had a duty to warn of known dangers associated with product use. Your company knew or should have known of the danger of [describe danger] but failed to provide adequate warnings. This failure caused our client's injuries.

4. Negligent Testing/Quality Control:

Your company failed to implement adequate testing and quality control procedures that would have identified the defect before the product reached consumers.

C. Breach of Warranty

1. Breach of Express Warranty:

Your company expressly warranted that the [Product Name] [describe express warranty - e.g., "was safe for [use]," "would perform [function]," "met [standard]," etc.]. This warranty was breached because [describe breach].

2. Breach of Implied Warranty of Merchantability:

Under [UCC Section 2-314 / State equivalent], an implied warranty of merchantability arises in every sale of goods. This warranty requires that goods be fit for their ordinary purpose. The [Product Name] was not fit for its ordinary purpose due to the defect described herein.

3. Breach of Implied Warranty of Fitness for Particular Purpose:

[If applicable:] Our client relied on your company's skill and judgment in selecting this product for [particular purpose]. The product was not fit for that purpose.

VI. PRIOR KNOWLEDGE OF DEFECT

[This section strengthens the claim and may support punitive damages]

Your company knew or should have known of this defect prior to our client's injury. Evidence of prior knowledge includes:

☐ Prior Complaints: [Number] consumer complaints were filed regarding this same defect prior to our client's incident.

☐ Prior Injuries: [Number] prior injuries were caused by this same defect.

☐ Prior Lawsuits: [Number] prior lawsuits have been filed alleging this defect.

☐ Recall/Service Bulletin: A recall or service bulletin was issued [before/after] our client's injury, acknowledging the defect.

☐ Regulatory Action: [FDA / CPSC / NHTSA / other agency] has taken action regarding this defect.

☐ Internal Documents: Internal company documents reveal awareness of the defect and conscious decision not to remedy it.

☐ Industry Standards: The product violated [industry standard / regulation] that your company was required to follow.

[If your company knew of the defect but continued to sell the product without adequate warnings or corrections, this conduct may constitute grounds for punitive damages.]

VII. INJURIES AND DAMAGES

A. Injuries Caused by the Defective Product

As a direct and proximate result of the defective product, our client sustained the following injuries:

Physical Injuries:
☐ [Injury 1 - e.g., "Severe burns to face, neck, and hands (2nd and 3rd degree)"]
☐ [Injury 2 - e.g., "Traumatic amputation of right index and middle fingers"]
☐ [Injury 3 - e.g., "Closed head injury with loss of consciousness"]
☐ [Injury 4]

Surgeries and Procedures:
☐ [Surgery 1 - e.g., "Skin grafting surgery to burned areas"]
☐ [Surgery 2 - e.g., "Revision amputation"]
☐ [Surgery 3]

Permanent Conditions:
☐ [Permanent disfigurement / scarring]
☐ [Permanent disability / impairment]
☐ [Chronic pain]
☐ [Other permanent effects]

B. Medical Treatment Chronology

Emergency Treatment:
- Date: [Date]
- Facility: [Hospital Name]
- Treatment: [Describe emergency treatment]

Surgical Treatment:
- Date(s): [Dates]
- Surgeon: [Name]
- Procedures: [Describe]

Rehabilitative Treatment:
- Provider: [Name]
- Duration: [Period]
- Treatment: [Describe]

Ongoing Treatment:
- [Describe current treatment needs]

C. Medical Expenses

Future Medical Expenses:

D. Lost Wages and Earning Capacity

Past Lost Wages:
| Period | Amount |
|--------|--------|
| [Date range] | $[Amount] |
| TOTAL PAST LOST WAGES | $[Total] |

Future Lost Earning Capacity:
| Category | Amount |
|----------|--------|
| Reduced Earning Capacity | $[Amount] |
| Lost Career Advancement | $[Amount] |
| TOTAL FUTURE LOST EARNINGS | $[Total] |

E. Non-Economic Damages

Physical Pain and Suffering:
[Describe the nature and severity of pain - the injury itself, surgeries, recovery, ongoing pain]

Emotional Distress:
[Describe psychological impact - fear, anxiety, depression, PTSD]

Disfigurement:
[Describe permanent scarring or disfigurement and its impact]

Physical Impairment:
[Describe permanent functional limitations]

Loss of Enjoyment of Life:
[Describe activities and pleasures no longer available to client]

F. Summary of Damages

G. Punitive Damages (If Applicable)

[If conduct warrants punitive damages:]

Your company's conduct in designing, manufacturing, and/or selling this defective product while knowing of its dangerous propensities constitutes [willful and wanton misconduct / gross negligence / conscious disregard for safety] warranting an award of punitive damages.

Specifically:
☐ Your company knew of the defect before our client's injury
☐ Your company made a conscious decision not to remedy the defect
☐ Your company weighed the cost of fixing the defect against expected injury claims
☐ Your company concealed the defect from regulators and consumers
☐ [Other egregious conduct]

Under [State] law, punitive damages may be awarded when [cite standard]. We reserve the right to seek punitive damages at trial in an amount sufficient to punish and deter such conduct.

VIII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the defective nature of this product, the clear liability of your company, and the severe and permanent injuries suffered by our client, we hereby demand:

$[DEMAND AMOUNT]

This demand includes compensation for all economic losses, non-economic damages, and [if applicable] an amount reflecting the egregious nature of your company's conduct.

B. Time for Response

This demand will remain open for [45/60] days from the date of this letter, through and including [Expiration Date].

C. Confidentiality

[If client willing to agree to confidentiality:]

Our client is willing to consider a confidential settlement, provided that:
☐ The settlement amount fairly compensates our client
☐ Confidentiality does not impede our client's ability to respond to subpoenas or court orders
☐ [Other conditions]

[If client not willing to agree to confidentiality:]

Our client will not agree to confidentiality provisions that would prevent disclosure of safety information to regulators or the public.

IX. REGULATORY AND LITIGATION NOTICE

A. Regulatory Reporting

Be advised that:

☐ We have reported this incident to [CPSC / FDA / NHTSA / other agency] as required by law
☐ We anticipate the agency may investigate this product
☐ We will cooperate with any regulatory investigation

B. Potential Class Action / MDL

[If applicable:]

We are aware that [other lawsuits / a class action / MDL proceedings] involving this product [have been filed / are being organized]. We reserve the right to participate in such proceedings if this matter is not resolved.

C. Expert Retention

We have retained the following experts in this matter:

☐ [Engineering Expert] - Product defect analysis
☐ [Medical Expert] - Causation and injuries
☐ [Economics Expert] - Damages calculation
☐ [Life Care Planner] - Future medical needs
☐ [Human Factors Expert] - Warnings analysis

X. DOCUMENTATION ENCLOSED

☐ The defective product (or photographs if product is large/in storage)
☐ Purchase receipt/proof of purchase
☐ Product manual, warnings, and packaging
☐ Photographs of the product and defect
☐ Photographs of injuries
☐ Medical records and bills
☐ Employment and wage documentation
☐ Expert reports (preliminary)
☐ Recall notices or service bulletins (if applicable)
☐ CPSC/FDA/NHTSA reports (if filed)
☐ Prior complaint documentation (if obtained)
☐ [Other relevant documentation]

XI. CONCLUSION

This case involves a defective product that caused serious, permanent injuries to an innocent consumer. The defect was [known/knowable] to your company, and the injury was entirely preventable.

Your company has a moral and legal obligation to compensate our client for the harm caused by your defective product. We urge you to evaluate this claim seriously and respond promptly with a reasonable settlement offer.

If this matter cannot be resolved, we are fully prepared to litigate this case through trial. Products liability verdicts in [jurisdiction] have been substantial, and juries are unsympathetic to companies that place profits over consumer safety.

Please contact me at your earliest convenience.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
[State Bar Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[Co-Counsel, if any]
[File]

PRE-SUBMISSION CHECKLIST

Product Evidence:
☐ Subject product has been preserved and stored safely
☐ Product has been photographed and documented
☐ Chain of custody established
☐ Exemplar product obtained (if possible)

Investigation:
☐ Expert engineer retained and has examined product
☐ Defect theory established (design, manufacturing, or warning)
☐ Alternative safer design identified (for design defect cases)
☐ Causation established

Legal Research:
☐ Verified applicable state products liability law
☐ Statute of limitations verified
☐ Statute of repose checked
☐ Punitive damages availability verified
☐ Identified all potentially liable parties in chain of distribution

Documentation:
☐ All medical records and bills obtained
☐ Employment and wage records obtained
☐ Regulatory reports filed/obtained
☐ Prior complaints researched

Notice to Defendants:
☐ All defendants in chain of distribution notified
☐ Preservation letters sent to all parties

STATE PRODUCTS LIABILITY QUICK REFERENCE

[VERIFY CURRENT LAW - This is a general reference only]

[ALWAYS VERIFY CURRENT LAW BEFORE RELYING ON THIS CHART]

Products liability law is complex and varies significantly by state. Multi-defendant cases involving manufacturers, distributors, and retailers require careful analysis of joint and several liability, indemnification, and contribution rights. This template must be customized for each case. Always verify current law.