Products Liability Interrogatories Propounded by Plaintiff to Retailer
Products Liability Interrogatories Propounded by Plaintiff to Manufacturer
Products Liability Interrogatories Propounded by Defendant
1. Please state:
(a) The name and address of the person or persons answering these
interrogatories;
(b) His/her relationship to defendant; and,
(c) His/her position of employment.
2. State whether or not this defendant is being sued in its full and correct
name. If not, state the full and correct name of this defendant.
3. Are you aware of any statement made by plaintiff (or its employees)
regarding the occurrence mentioned in the petition, whether oral, written or
recorded in any way, including but not limited to, a stenographic, mechanical,
electrical, audio, video, motion picture, photograph, or other recording, or
transcription thereof, and if so, state the following:
(a) Date, place, and time taken;
(b) Name and address of the person or persons connected with taking it;
(c) Names and addresses of all persons present at the time it was taken;
(d) Whether the statement was oral, written, shorthand, recorded, taped,
etc.;
(e) Was it signed?;
(f) Names and addresses of the persons or organizations under whose
direction and upon whose behalf it was taken or made; and,
(g) Please attach an exact copy of the original of said statement,
interview, report, film or tape to your answers to these interrogatories; if
oral, please state verbatim the contents thereof.
4. State whether there exists photographs, videotapes, or movies with respect
to the product referenced in the petition or the scene of the occurrence
referenced in the petition. If so, state the following:
(a) Describe each photograph, video, or movie;
(b) State the date each was taken;
(c) State the name and address of the person taking each such photo, video,
or movie; and,
(d) State the name and address, employer, insurer, and job title of the
person presently having control or custody of each photograph, video or movie.
5. Experts: List and identify:
(a) Each person this defendant expects to call as an expert witness at the
trial, whether the witness is a retained expert or non-retained expert,
stating for each such expert:
(i) Name;
(ii) Address;
(iii) Occupation;
(iv) Place of employment;
(v) Qualifications to give an opinion (if such information is available
on an expert's curriculum vitae, you may attach a copy thereof in lieu of
answering this interrogatory subpart); and,
(b) With respect to each expert listed, please state the subject matter on
which the expert is expected to testify and the expert's hourly deposition
fee.
6. Witnesses: State the names and addresses of every person known by
defendant, defendant's representatives or defendant's attorney, to have
witnessed the occurrence mentioned in the petition, or who was present at the
scene within sixty minutes of the occurrence. Designate which of such people
actually claim to have witnessed the occurrence..
7. State whether or not any insurance company (including any company with
excess or umbrella coverage) has an interest in the outcome of this litigation
against defendant. If so, state the following:
(a) The name of the insurance company;
(b) Whether the insurance company is a stock company or a mutual company;
(c) Name of the insured;
(d) Type(s) of insurance;
(e) Effective policy period;
(f) Policy number; and,
(g) Limits of the policy applicable to the occurrence mentioned in these
pleadings.
8. Please identify each person who had a responsibility to oversee or
supervise the sale, distribution or installation of the subject product.
9. As to each such person identified in your answer to the foregoing
interrogatory, please set forth a description of their education, work
experience, or other qualifications considered by you before investing such
person(s) with such responsibility and/or authority.
10. Do you contend that the manufacturer who supplied the subject product to
you was aware of any alleged defect in such product?
11. If your answer to the foregoing interrogatory is in the affirmative,
please identify:
(a) Each and every fact upon which you base such contention;
(b) The name, business and residence address, and telephone number of any
person having knowledge of any such facts; and,
(c) An identification of each and every writing relating to any such fact.
12. Please state whether you provided any written instructions as to the use
of the subject product.
13. If your answer to the foregoing interrogatory is in the affirmative,
please identify:
(a) The written instructions;
(b) The name, business and residence address, and telephone number of the
person(s) who drafted the wording of said instruction; and,
(c) Each and every writing relating to the composition of all printed
matter distributed with or affixed to the product.
14. Identify any and all complaints, lawsuits, or claims submitted to you
relating to the alleged defect(s) of similar makes and models of the subject
product referenced in plaintiff's petition.
15. Please state whether you performed any test, of whatever nature or
description, for the purpose of determining whether the subject product met
reasonable performance expectations for its intended use.
16. If your answer to the foregoing interrogatory is affirmative, please
identify:
(a) A description of each such test conducted by you;
(b) The date and location where each test was conducted;
(c) Whether any aspect of any such test was recorded or memorialized or any
document or writing, including photographs, films, videotapes or other visual
representations of whatever nature or description;
(d) An identification of any such document or visual representation;
(e) Whether the results of any such test(s) were submitted, or referred to
in any manner whatsoever, and any document filed with or tendered to any
public entity or regulatory agency; and,
(f) The name, business and residence address, and telephone number of the
person(s) charged with the responsibility to evaluate the performance of the
subject product in each such test referred to in your answers to the
proceeding subparts of this interrogatory.
17. Identify any facts known to you indicating that the subject product had
been altered or modified between the time of manufacture and the time the
product was sold to plaintiff or installed on plaintiff's behalf thereof.
18. Identify any facts known to you indicating that the subject product had
been altered or modified after sale to plaintiff or installation by plaintiff or
on plaintiff's behalf thereof.
19. Identify any facts or circumstances known to you indicating that
plaintiff was not using the subject product in a manner reasonably anticipated.
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1. Please state:
(a) The name and address of the person or persons answering these
interrogatories;
(b) His/her relationship to defendant; and,
(c) His/her position of employment.
2. State whether or not this defendant is being sued in its full and correct
name. If not, state the full and correct name of this defendant.
3. Are you aware of any statement made by plaintiff (or its employees)
regarding the occurrence mentioned in the petition, whether oral, written or
recorded in any way, including but not limited to, a stenographic, mechanical,
electrical, audio, video, motion picture, photograph, or other recording, or
transcription thereof, and if so, state the following:
(a) Date, place, and time taken;
(b) Name and address of the person or persons connected with taking it;
(c) Names and addresses of all persons present at the time it was taken;
(d) Whether the statement was oral, written, shorthand, recorded, taped,
etc.;
(e) Was it signed?;
(f) Names and addresses of the persons or organizations under whose
direction and upon whose behalf it was taken or made; and,
(g) Please attach an exact copy of the original of said statement,
interview, report, film or tape to your answers to these interrogatories; if
oral, please state verbatim the contents thereof.
4. State whether there exists photographs, videotapes, or movies with respect
to the product referenced in the petition or the scene of the occurrence
referenced in the petition. If so, state the following:
(a) Describe each photograph, video, or movie;
(b) State the date each was taken;
(c) State the name and address of the person taking each such photo, video,
or movie; and,
(d) State the name and address, employer, insurer, and job title of the
person presently having control or custody of each photograph, video or movie.
5. Experts: List and identify:
(a) Each person this defendant expects to call as an expert witness at the
trial, whether the witness is a retained expert or non-retained expert,
stating for each such expert:
(i) Name;
(ii) Address;
(iii) Occupation;
(iv) Place of employment;
(v) Qualifications to give an opinion (if such information is available
on an expert's curriculum vitae, you may attach a copy thereof in lieu of
answering this interrogatory subpart); and,
(b) With respect to each expert listed, please state the subject matter on
which the expert is expected to testify and the expert's hourly deposition
fee.
6. Witnesses: State the names and addresses of every person known by
defendant, defendant's representatives or defendant's attorney, to have
witnessed the occurrence mentioned in the petition, or who was present at the
scene within sixty minutes of the occurrence. Designate which of such people
actually claim to have witnessed the occurrence..
7. State whether or not any insurance company (including any company with
excess or umbrella coverage) has an interest in the outcome of this litigation
against defendant. If so, state the following:
(a) The name of the insurance company;
(b) Whether the insurance company is a stock company or a mutual company;
(c) Name of the insured;
(d) Type(s) of insurance;
(e) Effective policy period;
(f) Policy number; and,
(g) Limits of the policy applicable to the occurrence mentioned in these
pleadings.
8. Please state whether you were the manufacturer of the product which is the
subject matter of plaintiff's petition, and if so, please state:
(a) The date upon which the subject product was manufactured;
(b) The address of the factory and/or such other place at which the subject
product was manufactured;
(c) Whether, at the time of the manufacturer of the subject product, you
had a quality control department and/or individual, or a department and/or
individual denominated by a different name which was primarily responsible for
quality control procedures for the subject product; and,
(d) If your answer to the foregoing subpart was in the affirmative, the
identity of the supervisor and/or person primarily responsible for
implementing the quality control procedures, if any, respecting the
manufacturer of the subject product.
9. Please identify any and all production specifications formulated and/or
utilized by you in the manufacturer of the subject product.
10. Please identify each person who had a responsibility to oversee or
supervise the manufacture of the subject product.
11. As to each such person identified in your answer to the foregoing
interrogatory, please set forth a description of their education, work
experience, or other qualifications considered by you before investing such
person(s) with such responsibility and/or authority.
12. Please state whether you designed the subject product.
13. If your answer to the foregoing interrogatory is affirmative, please
identify:
(a) The date or dates upon which the subject product was designed;
(b) The location of the facility where the subject product was designed;
(c) The name(s) of the person(s) who participated in the design;
(d) An identification of each and every drawing, plan, or document relating
to the design of the subject product;
(e) Whether any such document, plan or drawing identified in your answer to
subpart (d) has been submitted to any governmental entity for approval,
registration, or patent, and if so, the date of said submission and entity to
which such document was submitted.
14. Do you contend that the retailer who supplied the subject product to the
plaintiff was aware of any alleged defect in such product?
15. If your answer to the foregoing interrogatory is in the affirmative,
please identify:
(a) Each and every fact upon which you base such contention;
(b) The name, business and residence address, and telephone number of any
person having knowledge of any such facts; and,
(c) An identification of each and every writing relating to any such fact.
16. Please state whether you provided any written instructions as to the use
of the subject product.
17. If your answer to the foregoing interrogatory is in the affirmative,
please identify:
(a) The written instructions;
(b) The name, business and residence address, and telephone number of the
person(s) who drafted the wording of said instruction; and,
(c) Each and every writing relating to the composition of all printed
matter distributed with or affixed to the product.
18. Identify any and all complaints, lawsuits, or claims submitted to you
relating to the alleged defect(s) of similar makes and models of the subject
product referenced in plaintiff's petition.
19. Please state whether you performed any test, of whatever nature or
description, for the purpose of determining whether the subject product met
reasonable performance expectations for its intended use.
20. If your answer to the foregoing interrogatory is affirmative, please
identify:
(a) A description of each such test conducted by you;
(b) The date and location where each test was conducted;
(c) Whether any aspect of any such test was recorded or memorialized or any
document or writing, including photographs, films, videotapes or other visual
representations of whatever nature or description;
(d) An identification of any such document or visual representation;
(e) Whether the results of any such test(s) were submitted, or referred to
in any manner whatsoever, and any document filed with or tendered to any
public entity or regulatory agency; and,
(f) The name, business and residence address, and telephone number of the
person(s) charged with the responsibility to evaluate the performance of the
subject product in each such test referred to in your answers to the
proceeding subparts of this interrogatory.
21. Identify any facts known to you indicating that the subject product had
been altered or modified between the time of manufacture and the time the
product was sold to plaintiff and/or installed for plaintiff's use thereof.
22. Identify any facts known to you indicating that the subject product had
been altered or modified after sale to plaintiff or installation of the subject
product.
23. Identify any facts or circumstances known to you indicating that
plaintiff was not using the subject product in a manner reasonably anticipated.
Right-click here
to download the foregoing interrogatories in Microsoft Word format (select
"save target as" in Internet Explorer or "save link as" in
Netscape).
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1. Please state:
(a) The name and address of the person or persons answering these
interrogatories;
(b) His/her relationship to plaintiff; and,
(c) His/her position of employment.
2. Background Information: Please state:
(a) Plaintiff's full name;
(b) Name of plaintiff's spouse and date of marriage;
(c) Plaintiff's maiden name, if applicable;
(d) Plaintiff's age and date of birth;
(e) Plaintiff's Social Security number;
(f) Plaintiff's present address;
(g) Any other addresses at which plaintiff has lived during the past five
years;
(h) Plaintiff's present employer's name and position of employment; and,
(i) Previous employers' names for the past five years and the dates of
employment there.
(j) Whether or not at the time of the collision referred to in plaintiff's
petition, this defendant was performing any business task or job at the
request of or on behalf of defendant's employer, and if so, please state the
nature of the task or job being performed and the name of the employer.
3. Statements: Are you aware of any statement made by defendant (or its
employees) regarding the occurrence mentioned in the petition, whether oral,
written, or recorded in any way, including but not limited to, a stenographic,
mechanical, electrical, audio, video, motion picture, photograph, or other
recording, or transcription thereof, and if so, state the following:
(a) Date, place, and time taken;
(b) Name and address of the person or persons connected with taking it;
(c) Names and addresses of all persons present at the time it was taken;
(d) Whether the statement was oral, written, shorthand, recorded, taped,
etc.;
(e) Was it signed?
(f) Names and addresses of the persons or organizations under whose
direction and upon whose behalf it was taken or made; and,
(g) Please attach an exact copy of the original of said statement,
interview, report, film or tape to your answers to these interrogatories; if
oral, please state verbatim the contents thereof.
4. Photographs: State whether there exists photographs, videotapes, or movies
with respect to the product, the scene of the occurrence mentioned in the
petition, or of any injuries alleged to have been sustained as a result of the
occurrence mentioned in the petition. If so, state the following:
(a) Describe each photograph, video, or movie;
(b) State the date each was taken;
(c) State the name and address of the person taking each such photo, video,
or movie; and,
(d) State the name and address, employer, insurer, and job title of the
person presently having control or custody of each photograph, video or movie.
5. Experts: List and identify:
(a) Each person this defendant expects to call as an expert witness at the
trial, whether the witness is a retained expert or non-retained expert,
stating for each such expert:
(i) Name;
(ii) Address;
(iii) Occupation;
(iv) Place of employment;
(v) Qualifications to give an opinion (if such information is available
on an expert's curriculum vitae, you may attach a copy thereof in lieu of
answering this interrogatory subpart); and,
(b) With respect to each expert listed, please state the subject matter on
which the expert is expected to testify and the expert's hourly deposition
fee.
6. Witnesses: State the names and addresses of every person known by
plaintiff, plaintiff's representatives or plaintiff's attorney, to have
witnessed the occurrence mentioned in the petition, or who was present at the
scene within sixty minutes of the occurrence. Designate which of such people
actually claim to have witnessed the occurrence.
7. Criminal Record: State whether plaintiff has ever pleaded guilty to or has
ever been convicted of a felony or misdemeanor, (State or Federal) and if your
answer is in the affirmative, please state:
(a) The date of any such plea or conviction;
(b) The state and county where said plea or conviction occurred; and,
(c) The offense for which plaintiff pled guilty or were convicted.
8. Alcohol, etc.: State whether the plaintiff consumed alcoholic beverages,
medication, or prescription or non-prescription drugs within a ten (10) hour
period prior to the occurrence in question, and if so, state the names and
addresses of the places where said alcoholic beverages, medication or drugs were
consumed and described the quantity and type of drinks, medication or drugs
which were consumed in said period of time.
9. Injuries: State the parts of plaintiff's body, if any, injured in the
occurrence mentioned in the petition, and for each part of his/her body so
injured state the following:
(a) The date of onset of any symptoms claimed to be related to each such
alleged injury;
(b) Whether plaintiff continues to have complaints with respect to that
part of his/her body.
10. Other Illnesses or Injuries: Has plaintiff had any illnesses, impairment
or injuries to the parts of the body injured in the occurrence mentioned in the
petition, either before or after the collision which is the subject of this
lawsuit? If you answered "YES" to this question, please state the
following for each injury:
(a) The date sustained or suffered;
(b) The parts of the body involved;
(c) The nature or type;
(d) The name and address of each health care provider who treated or
examined plaintiff.
11. Claims and Lawsuits: Has plaintiff ever filed another lawsuit, made a
claim for bodily injury, or filed a workers' compensation claim? If you answered
"YES" to this question, please state the following for each claim or
lawsuit:
(a) The date filed or lodged;
(b) The nature or type of lawsuit or claim
(c) The name of the court, commission or other body in which the claim or
lawsuit was brought;
(d) The illnesses, injuries or physical condition alleged;
(e) State whether any money was received, whether by settlement or trial,
and if so, the amount; and,
(f) The names and addresses of all health care providers who treated
plaintiff or examined plaintiff for the claim or lawsuit.
12. Settlements: Has plaintiff received any settlement monies or other thing
of value from any person, company, firm, corporation or association involved in
this occurrence as a settlement, in whole or in part, of your claim? If you
answered "YES" to this question, please state the following:
(a) The name and address of the person, firm, association, company or
corporation from whom any such settlement was made;
(b) The name and address of the person, firm, association, company or
corporation on whose behalf any such settlement was made;
(c) The amount or value of any such settlement;
(d) Whether any forms or papers (settlement documents) were executed,
excluding statements of the facts, and describe and identify the nature of any
such papers or documents;
(e) If you do not possess or have access to the papers or forms (settlement
documents) mentioned in Number (d) above, then state the name and address of
the person, firm, association, company or corporation that has possession of
said papers or forms (settlement documents).
13. Amount Claimed: Pursuant to R.S.Mo. 509.050, what dollar amount of
damages is plaintiff seeking as compensation for your injuries? Please specify
the personal injury damages and property damages claimed.
14. Medical Care: State the names and addresses of all doctors, hospitals or
health care providers who have treated examined or attended plaintiff since the
occurrence in question and because of it, and for each listed, please state:
(a) The amount of the bill from each such health care provider for services
rendered because of the occurrence in question;
(b) The number of visits and the specific dates of each visit plaintiff has
made to each of these health care providers because of the occurrence;
(c) The conditions for which plaintiff was examined or treated; and,
(d) If you claim that plaintiff received a medical examination, care or
treatment because of the occurrence mentioned in the petition, please sign and
return the attached medical authorization, after inserting the names and
address of the doctors, hospitals or health care providers.
15. Lost Wages: Does plaintiff claim a loss of earnings, wages or income as a
result of the occurrence? If so, please state:
(a) The name and address of plaintiff's employer at the time of the
occurrence.
(b) The rate of pay with that employer;
(c) The amount of plaintiff's claim and show exactly how that amount was
calculated;
(d) List each day, by specific date, that plaintiff claims he/she has been
unable to work because of the occurrence;
(e) If plaintiff had a loss of income other than missing time from work,
state the amount of the loss, the nature of the loss, and how the amount of
the loss was calculated; and,
(f) Please sign the attached employer authorization and insert the name and
address of the employer.
16. Disability Application: Please state whether or not plaintiff has ever
applied for any type of disability benefit from any entity (governmental,
insurance, employer), and if so, please state:
(a) The date of each application;
(b) The name and address of the entity;
(c) The reason for the application (i.e., the nature of the injury causing
the disability);
(d) Whether or not any disability benefits were actually received; and,
(e) When payment of the benefits began and when it ended.
17. Application Statements: State whether plaintiff has made any written
statements or given information regarding plaintiff's physical condition in
connection with any application for employment or insurance since the date of
the collision and if so, please state:
(a) The name and address of the party to whom the statement was given; and,
(b) The date of the statement.
18. State the following in reference to the product mentioned in your
petition:
(a) The kind of product;
(b) The name and address of the manufacturer of the product;
(c) The model, year, style, serial number, and identification number of the
product;
(d) The date of manufacture;
(e) The name and address of the owner of the product at the time of the
occurrence described in the petition, and the present location and name of the
possessor of the product at this time;
(f) When, where and from whom (giving exact address) the owner purchased
the product, whether the product was new or used when the owner acquired it,
and if used, the name and address of all prior owners;
(g) State verbatim any writing, words, inscriptions, cautions, warnings,
and manufacture names contained on the product at the time it was purchased;
(h) State verbatim any writing, words, inscriptions, cautions, warnings,
and manufacture names contained on the product at the time of the occurrence;
(i) Whether you have any knowledge or information pertaining to any
malfunction, alteration, modification and/or failure of the product before or
after the incident, and if so, state and describe said knowledge or
information and the source thereof;
(j) Whether you have knowledge or information that any other person(s)
suffered any injury while using the product and, if so, identify said person(s);
(k) Whether the product has been repaired, altered, modified, or changed
since the incident and, if so, describe;
(l) Whether the product had been altered, repaired modified or changed in
any manner before the incident which you claim contributed to plaintiff's
injuries, or before the incident but after the product left the possession of
this defendant, and if so, describe how and in what manner it was altered,
repaired, modified, or changed and how said alteration, repair, modification,
or change contributed to plaintiff's injuries;
(m) State the length of time or number of occasions before the date of the
alleged incident that plaintiff used the alleged defective product;
(n) State whether plaintiff received any instruction manuals, brochures or
pamphlets regarding the use and operation of the product in question, and, if
so, state the nature of the instructions, brochures, or pamphlets received,
the source, and date received;
(o) State whether you have ever used a similar and/or identical product to
the one described in your petition, and, if so, the dates used and the names
and addresses of any persons witnessing your use of said product;
(p) State whether you will permit defendant to examine and perform
non-destructive tests on the product without a court order.
19. Identify all persons known by you to have performed maintenance, service
or repair on the product before or after the incident and state the respective
dates of said maintenance, service or repair.
20. If you contend the product was defective or unreasonably dangerous at the
time it left this defendant's possession, please state:
(a) In what respect was the product defective, describing in complete
detail each and every said defect or defective condition;
(b) In what respect was the product unreasonably dangerous, describing in
complete detail each and every said unreasonable danger;
(c) Whether said defective or unreasonably dangerous condition was the
result of the product's design, manufacturing, packaging, warnings, or lack of
warnings, or any modification, alteration, or change by this defendant; and,
(d) Each and every evidentiary fact upon which you base this contention,
and identify the person having knowledge of said facts.
21. State whether you were using the product referred to in plaintiff's
petition in accordance with it's intended use, instructions and/or any training
you received, and if so, state:
(a) Whether said product was in its original container at the time it was
being used;
(b) State specifically how and in what manner it was being used at the time
of the occurrence;
(c) Whether you were wearing safety and/or protective equipment while using
the product at the time referred to in plaintiff's petition, and if not,
whether said equipment was available and type of said equipment;
(d) The name and address of any person who provided you with instructions
or training;
(e) Describe briefly the training you received as to the use and operation
of the product;
(f) Identify specifically any verbal, written or visual warnings you
received, which were present or which you were aware of with respect to the
use and operation of the product;
(g) Whether you inspected the product before attempting to use it.
22. State whether the product was altered, changed or modified at any time
while it was within your possession and, if so, please state:
(a) In what respect was the product altered, changed or modified,
describing in complete detail each condition;
(b) Whether the alteration, change, modification or defect referred to in
sub-paragraph (a) rendered the product unreasonably dangerous, describing in
complete detail each and every said unreasonable danger;
(c) Whether the product can be operated safely and properly given the
alteration, change, modification or defect; and,
(d) Each and every evidentiary fact on which you base this contention, and
identify the person having knowledge of said facts.
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to download the foregoing interrogatories in Microsoft Word format (select
"save target as" in Internet Explorer or "save link as" in
Netscape).
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