Product liability claims are challenging to investigate and prove. Generally speaking, you will need to show:
- You were injured while using the product as intended;
- The product had a defect in design, manufacturing, or lacked adequate warning of foreseeable hazards associated with using it; and
- That defect caused your injury.
Each element of the case will require documentation. Our experienced product liability attorneys will use the following steps to build your case:
- Speak with you. The process begins with a discussion to understand what happened, how you were using the product, and how you were injured. We’ll discuss the nature of your injuries, ask how those were treated, and how they may affect you in the future. As the victim, your statements will form the bedrock of your case.
- Gather information about the accident. Attorneys will make photos of where the accident happened including evidence of any damage that happened to the surroundings. Burns, cuts, electrical damage and any other physical evidence should be photographed and documented. We’ll also speak with witnesses who were present at the time of the accident and get their statements.
- Document injuries. Our attorneys will review your medical records. These records will tell a story about the harm caused by the unsafe product and the effect of the injury on your life.
- Get the product from you. If you are injured by a faulty product, it is important to keep it secure after the accident. Don’t tamper with it, and don’t take it apart. If there is any evidence that the product has been tampered with or modified, the manufacturer may claim that it is not liable for any injuries caused. In most cases, attorneys will take the product for review.
- Arrange for expert review. Many product designs are incredibly complex. Your attorney may hire a product expert to examine the faulty product to determine how it failed and caused your injury. The expert will try to determine if the product has a defective design that could pose a risk to others or if there was a manufacturing defect.
The investigation is the first step to building a successful product liability claim. After the investigation is completed, our attorneys will begin any legal filings, send claims to manufacturers and insurers, and handle any negotiations. If the case needs to go to trial, our experienced trial attorneys will be prepared to present your case in court.