{"id":353222,"date":"2016-04-04T10:46:40","date_gmt":"2016-04-04T15:46:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/case-preparation-issues.html"},"modified":"2023-10-12T10:23:54","modified_gmt":"2023-10-12T15:23:54","slug":"case-preparation-issues","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/case-preparation-issues.html","title":{"rendered":"Preparing a Product Liablity Case"},"content":{"rendered":"\n
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Preparing a Product Liablity Case<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Preparing a product liability case involves gathering strong evidence to prove the product was defective and caused your injury. Your attorney may need expert witnesses and testimonies to support your claim. Keeping the product in its original condition and collecting documentation, such as warranties and manuals, is critical.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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People get injured using a defective or dangerous product every day. In fact, nearly 12,000 people hurt themselves using consumer products every year in the U.S.\u00a0<\/p>\n

There are different types of product liability claims.\u00a0Some of these products have a design defect<\/a>. Others are not made properly and suffer from manufacturing defects<\/a>.<\/p>\n

There are also people who hurt themselves because the manufacturer, distributor, or wholesaler didn’t warn them that the product could be dangerous. This is a marketing defect<\/a>.<\/p>\n

If you injure yourself while using a consumer product, you should consult an experienced product liability attorney<\/a>. It takes time for your personal injury attorney to prepare your product liability case. These cases are more involved than typical personal injury cases. Your personal injury lawyer may need to hire experts to prove that the product was dangerous or defective.<\/p>\n

You may also need your doctor to testify to your injuries. It is critically important that you have sufficient evidence to prove your case. Otherwise, you will not receive the compensation you deserve.<\/p>\n

This article explains how to prepare for your product liability lawsuit. It also clarifies the difference between those products damaged during the manufacturing process and those consumer goods that are dangerous due to the product’s design.<\/p>\n

Lawsuits Involving Dangerous Products Are Strict Liability Cases<\/h2>\n

Usually, when you sue someone for damages, you must demonstrate that they were negligent. This isn’t the case with product liability cases. Manufacturers, product designers, distributors, and retailers are held strictly liable for injuries caused by their products. In these cases, the injured party must only prove they were hurt while using the defendant’s product.<\/p>\n

When a company puts new products on the market, it must ensure they are safe. By selling a consumer good, a manufacturer is liable for an implied warranty of merchantability. This means the product will work the way the company promises it will.<\/p>\n

This implied warranty also promises that the product is a safe product. The burden of proof is still on the plaintiff to demonstrate the defendant’s product harmed them. However, if the defendant argues their product was safe, the burden of proof may shift to them.<\/p>\n

Immediate Investigation<\/h2>\n

What you do in the hours and days following an accident can mean the difference between receiving compensation for your injuries or\u00a0receiving nothing. You must preserve whatever evidence you have to ensure it is available to your product liability lawyer.<\/p>\n

As long as you reach out to a personal injury attorney immediately after your accident, they can ensure that the\u00a0evidence is preserved.<\/a>\u00a0They will secure the product that caused your injuries in a safe place. This will ensure that it is available for trial. It will also help ensure that its condition will not be changed.<\/p>\n

If the product manufacturer or their insurance company can prove that the product is not in the condition it was in when you bought it, they may be able to defeat your product liability claim.<\/p>\n

Do Not Destroy or Get Rid of the Defective Product<\/h3>\n

Ideally, the faulty product will be kept in a location only you and your attorney can access. Never throw the product away unless it presents a risk of immediate harm. If you must\u00a0throw it away, make sure you take pictures or a video of the product. This will help you prove your case.<\/p>\n

Do not sell the product or give it to an investigator before seeking legal advice. Major manufacturers are made aware of\u00a0product recalls<\/a>\u00a0right away. They also check the news daily for new product liability law issues.<\/p>\n

What if the Defective Product Is an Automobile?<\/h3>\n

Many product liability cases involve automobiles<\/a>. If your car caused serious injuries to you or a loved one, you must be vigilant about people tampering with the vehicle.<\/p>\n

If you cannot secure the car yourself, put all parties involved\u00a0on notice.\u00a0Make sure\u00a0tow-truck operators, wrecking yards, and police impounds are aware\u00a0that they must take every step to preserve the vehicle in its current condition.<\/p>\n

Let them know that the car is evidence and that failure to preserve the vehicle will subject them to liability. If a third party is holding the vehicle, your attorney<\/a> can file an action for a temporary restraining order or a preliminary injunction to avoid alterations to or destructive testing of the vehicle.<\/p>\n

Other Protective Measures<\/h3>\n

It’s not enough to preserve the condition of the product that hurt you. Your attorney will also want to obtain the complete history of the product. To prove the chain of custody and liability in your product liability case, your attorney will need the following information:<\/p>\n