The Importance of Preserving Evidence in Product Liability Cases

If you or someone you love has been seriously injured as the result of a defective product, you may have grounds for making a product liability claim against the faulty item’s manufacturer. Contact our experienced Dallas-Fort Worth accident attorneys toll free at 800-354-6275 for a free consultation to find out if you have a case.
 
The more severe your injuries, the more important it is that you consult with a lawyer before you attempt to resolve your claim on your own. Many times, injury victims will contact the manufacturer of the malfunctioning product to seek a refund. The manufacturer will then request that you send them the defective product.
 
There are two problems with this:
1.      Any refund they give you will probably not cover your necessary medical care caused by the fact their merchandise was defective
2.      If you send them the defective product, you have no evidence that it was their defective product was what caused your injuries
 

Preserving Evidence Is Essential

In order to have a hope of winning your product liability case, you and your attorney must be able to prove that the product in question was defective. This means that you must retain the item in question so that it can be properly examined and determined to indeed be what caused your injuries to occur. Do not get it repaired or return it for a refund. Set it aside and turn it over to your lawyer as proof that the manufacturer was liable.
 
If you are not the owner of the item in question, then it is important that you ensure the owner understands why it is important that the evidence is maintained. This is particularly important in instances where the injury occurred in the work place – or if your child was injured while at school or day care. Many times, it is necessary to retain the services of a lawyer immediately in order to ensure that no spoliation of evidence is allowed to occur.
 
Remember: if the defective product responsible for your injuries is fixed or discarded, then you have no case.
 
You should also try to gather evidence of the accident and your injuries yourself. Good evidence includes photographs of the defective product, where and how the accident occurred, as well as photos of your injuries. If there were any witnesses to your accident, ask if you could get their contact details as it may be necessary for your attorney to collect a statement from them in support of your claim later on.
 
 
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Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas