What Evidence Do You Need for a Product Liability Claim?

When a dangerous product has injured you, you may be able to file a product liability lawsuit. It’s possible to recover financial compensation for medical expenses, property damage, and other financial losses. While this can seem overwhelming, there’s help.

A product liability lawyer with years of experience can put you at ease. Once you hire a lawyer, they will handle all aspects of your case and explain your legal options. They’ll help collect and develop evidence to hold responsible parties accountable. 

The Importance of Gathering Evidence

Evidence is important in all aspects of proving fault. Product liability cases can involve an inherently dangerous product design, among other issues. There may be a defect in the manufacturing process. Product liability cases can require showing that the manufacturer or retailer was careless.

Gathering evidence is important to your case. It can help prove that you’re entitled to damages. You must prove that the defect injured you while using the product in the intended manner and that you didn’t make any substantial changes.

Types of Evidence Needed

Evidence supporting your claim that a defective product caused your injury is critical to your case. In a product liability case, experienced lawyers use particular evidence to build strong cases for all types of product defects, which can include:

• Purchase receipts
• Maintenance records
• Medical records
• Product packaging, including literature, warnings, and express warranties included with the packaging
• Photos and videos
• Incident reports and complaints
• Product design documents
• Testimony from the injured victim and other relevant parties

How To Collect and Preserve Evidence

Your personal injury lawyer can help you collect and preserve the evidence necessary to prove your case. Although your legal team will handle all aspects of your case, there may be times they require your help with evidence.

Responding to your lawyer’s request without delay will help move your case along. For example, you can help your lawyer by providing the required medical authorizations so your health care providers can release your medical information to them.

Your lawyer will also notify potentially responsible parties of your claim. This will alert them to preserve evidence. Failing to do so could negatively affect the party in litigation.

The Role of Expert Testimony

In most product liability cases, your lawyer will rely on expert witnesses to assist in proving liability. They can hire several types of experts, depending on the case’s needs. A medical expert witness can review your medical treatment records and determine whether the defective product was the proximate cause of your injuries.

You may need a safety standards expert if your claim alleges the product didn’t comply with applicable safety standards. If you allege that the product deviates from the intended design, you will need an expert to help prove that there was a design defect.

Product liability laws can be complex. In negligence claims, you must prove the responsible party failed to use reasonable care. However, in strict liability cases, you generally do not need to prove the manufacturer was careless, only that the product was defective.

Types of Product Liability Defects

Most product liability cases fall into three categories:

• Manufacturing defects
• Design defects
• Marketing defects

Working with a lawyer will help you determine if you have a valid product liability claim that can result in compensation for your injuries. In most personal injury cases, personal injury attorneys must prove the defendant’s negligence. But many product liability cases can fall under a few legal theories. The elements of product liability claims depend on state law and legal theory, which can include the following:

• Negligence: Happens when a manufacturer fails to exercise reasonable care
• Strict liability: Holds manufacturers accountable for product defects regardless of care
• Breach of warranty: Focuses on a product’s failure to fulfill its stated promises

Responsible parties can include:

• Product manufacturers
• Retailers
• Distributors
• Wholesalers

The injured party must prove that the product was unsafe and caused the injury.

Work With an Attorney To Build Your Case

If you or a loved one suffered serious injuries while using a defective or dangerous product, it’s essential to contact an experienced local product liability attorney. They can handle all aspects of your case.