If you have been injured by a faulty or dangerous product, you should contact an experienced product liability attorney as soon as possible. Preparing a product liability case can be complicated, and it will require the expertise of a Personal Injury Attorney from the start to ensure that all relevant evidence and potential claims are preserved.

Immediate Investigation Is Required

The initial days following an accident are frequently critical in laying the groundwork for a successful product liability action. When someone is injured by a defective or dangerous product, the first priority should be to contact an experienced product liability attorney who will ensure that all evidence is preserved. The product that injures a potential plaintiff must be secured immediately to ensure its later availability, which will be required in proving a product liability claim, and to ensure that its condition will not be changed, which can jeopardize one’s case.

The defective product should be stored in a facility controlled by you and/or your attorney. Unless there is an immediate risk of harm, never dispose of the product that injured you. Before selling or giving the product to any investigator, consult an attorney. Because major manufacturers are immediately aware of product recalls and carefully read newspapers, they may attempt to obtain evidence to deny plaintiffs the ability to pursue claims.

If the product cannot be secured right away, notify everyone, including tow-truck operators, wrecking yards, and police impounds, that they must take every precaution to preserve the product, which is evidence, and that failure to do so will subject them to liability for allowing evidence to be destroyed. When a third party or one of the potential defendants obtains possession of the product, your attorney may file an action for a temporary restraining order and a preliminary injunction to prevent alterations or destructive testing of the product.

Your attorney will want to know the entire history of the product, including the date of the first sale, the identity of the dealer, distributor, subsequent purchasers, lessees, and users. It is critical to locate the instruction booklet, assembly booklet, warranties, and any other written material that came with the new product when it was first sold and distributed.

You may also be asked to assist your attorney in determining whether the product was modified or otherwise changed after it left the manufacturer’s and distributor’s possession, and, if so, the identity of the persons or entities who made the modification, as well as the dates involved.

Experts

An expert’s assistance and testimony is usually required for a successful product liability case. Engineers, safety experts, and medical professionals are common types of experts retained in product liability cases. Finding a qualified expert is usually the most important factor in proving a plaintiff’s case successfully. Expert engineering testimony is frequently required to demonstrate that a design or manufacturing flaw in a product caused the plaintiff’s injuries. In addition to engineering testimony, your attorney may call on the services of psychologists or experts in the field of human factors. This is because a strict engineering approach sometimes fails to consider that a product must be designed not only to work, but also to be safe to use. Based on an understanding of human tendencies and behaviors, a biomechanical analysis can reveal a hidden danger for the unwary user or a practical way to prevent injuries.

While either side in a trial, or even the court, may call on expert testimony, expert witness ethics guidelines should always be followed. In appropriate cases, expert testing of the product at issue, either destructive or nondestructive, may be required to determine whether there is evidence that the product failed or could fail in the way alleged by the plaintiff.

Obtaining Assistance with Your Case

Preparing a product liability case is a difficult task that usually necessitates the use of expert witnesses, medical evidence, and a thorough understanding of negligence law. That is why it is critical to conduct preliminary research before filing a claim. A good first step is to contact a product liability attorney or personal injury lawyer to learn about the strength of your claim and whether you have a need of action.

John Adams is a lifestyle blogger and paralegal who concentrates on healthcare, physical fitness, Personal Injury Law, Art & Design and self-development. He encourages readers to fight for their rights and overcome obstacles holding them back. He believes that every person can improve the quality of his/her life by thinking positively and making better choices.