Product liability (Property)¶

Domain guide, Property subrogation, theory 3.2

The theory¶

A defective appliance, fixture or building product caused the loss: a water heater, a dishwasher hose, a lithium battery, a defective breaker.

Who must be on the roster¶

product_manufacturer.

Facts that establish it¶

component_failure_described (any one of: the trigger fact).
installation_or_age_stated corroborates and is what a repose check would read.
damaged_component_disposition corroborates and feeds the spoliation defense: preserved, discarded, returned to the manufacturer or unknown location.

What defeats it¶

A discarded component: spoliation (PROP-SUBRO-DEF-005) is a partial bar. The theory stays confirmed, viable with caveats, with lost evidence as a material condition.
The product statute of repose, absolute in some states and a rebuttable useful-life presumption in others. Not computed by the engine today.
The property-damage limitation period.
An act of God stated as the sole cause.

Recovery channel¶

Suit.

What the carrier does¶

Retain the product and the failed component.
Do not allow the mitigation vendor to dispose of debris.
Engage a fire or failure investigator.
Notify the manufacturer to inspect.
Check recalls.

A claim that fits¶

A kitchen fire in the insured's restaurant originated at a commercial dishwasher installed three years ago. The fire investigator's report places origin at the unit's heating element relay and notes charring consistent with an internal electrical fault. The unit has been retained under hold in a secured storage container.

How the engine reads itManufacturer on the roster; component failure described, which is the trigger; installation age stated; disposition preserved, so spoliation does not fire. Product liability confirmed, refer, suit, 24-hour preservation notice. The product statute of repose is stated as not assessed.

Records behind it¶

Theory record PROP-SUBRO-THEORY-002 Defenses PROP-SUBRO-DEF-002, PROP-SUBRO-DEF-004, PROP-SUBRO-DEF-005