Problem
What do you think Dustin would allege in his complaint, and what does he have to prove? Doesn't he have to prove that we did something wrong in order to win his case? We have a lot of employees. Dustin cannot possibly prove that any specific employee in our company made a mistake manufacturing our product. Since he wouldn't be able to explain any actual fault that means he would lose the case even if our phone might have injured him, right? To be honest, I don't know exactly what caused Dustin's injuries. But shouldn't Dustin sue the surgeon instead of us? I suspect the surgeon is at fault, not us. What legal defenses might we have to Dustin's claims?