Defective, dangerous products slip into the consumer marketplace more often than people realize. In 2024 alone, for example, 15.1 million people were seen in emergency rooms due to product-related injuries.
If you find yourself in that predicament in the future, one of the most important things you need to remember is that the strength of a product liability claim often depends on whether the product (and related evidence) is available for inspection. Unfortunately, critical evidence is frequently lost because someone throws away the product, discards the packaging or repairs the item before anyone has had a chance to examine it. Once that evidence disappears, it may become much more difficult to prove what went wrong – and who may be responsible.
Keep the product – as is
The product that caused the injury is usually the most important piece of evidence in a case. Discontinue all use and, if possible, immediately put the item aside in a safe place. Do not:
- Repair the product
- Alter it in any way
- Throw away damaged components
- Return it to the manufacturer
Down the line, the product may need to be inspected to determine whether it contained a design defect, manufacturing defect or inadequate warnings.
Keep all packaging and documentation
If you still have access to the packaging the product came in, put that aside, also. Packaging can be incredibly valuable a product liability case. Boxes, labels, instruction manuals, warranty information and warning labels can all provide important data about how the product was marketed and whether adequate safety information was included. Try to preserve:
- The original packaging
- User manuals
- Assembly instructions
- Warranty documents
- Product registration materials
- Receipts and proof of purchase
These items may help identify the manufacturer, distributor or retailer involved and more.
Photograph everything
Photographs can be worth a great deal. Take pictures of the product from multiple angles, the accident scene and any visible injuries you may have. It can also be helpful to document:
- Any property damage
- Product serial numbers or model numbers
- Warning labels
The sooner photographs are taken, the more accurately they can reflect the conditions that existed at the time of the injury. If you do have visible injuries, continue to document the healing process with photos.
Save medical records and related expenses
Your medical records help establish the connection between the defective product and your injuries. Keep copies of your hospital records, physician reports, prescriptions and treatment recommendations.
You should also retain documentation of your financial losses, including your medical bills, lost wages and other injury-related expenses.
Product liability cases often involve extensive investigation. Preserving evidence from the beginning can help protect your claim and provide a clearer picture of what happened. If you have been injured by a defective product, speaking with an attorney as soon as possible can help ensure that critical evidence is identified and preserved before it is lost – and that your case begins moving forward as quickly as possible.
