Product liability cases are often complicated, fact-intensive cases. The unique nature of product liability litigation creates special considerations to bring a successful case, including the preservation of evidence, expert witnesses and venue to file a case.
Evidence: What to Do After a Product Injury
If you have been injured by a product, there are several steps you can take to help bolster a potential product liability case. It is critically important not destroy or alter the product if it is safe to keep.
Other items that are important to retain include:
- Documentation of where you bought the product and any modifications
- Any safety instructions or warnings that came with the product
- Notes regarding where and how the injury occurred, including details regarding how you were using the product
- Documentation of your medical expenses arising from your injury
If the defective product is a car, be sure to tell anyone who tows the car to not alter or destroy the vehicle in any way. If you are unsure whether the car will be properly preserved, take pictures before it is towed.
Expert Witnesses and Testimony
Product liability cases often involve expert witnesses to show that the product was defectively designed or altered. Procuring expert witnesses is often costly, which is why the top product liability firms work on a contingency fee basis. This means that the firm will carry the costs of litigation, including expert fees, until a client recovers damages from a manufacturer or product seller.
State Laws and Statutes of Limitations
There are many sources of product liability law, but the application of product liability law to a case varies depending on state law. There are often times when it is more advantageous for a lawsuit to be brought in a state other than where an injured plaintiff lives. Factors influencing the decision of where to file a lawsuit include the availability of punitive damages, statutes of limitations and evidentiary requirements.
Contact a Product Liability Attorney
Meeting with an experienced product liability attorney early helps ensure the success of a case. Remember to tell the attorney all of the details of the case and avoid exaggerating or misstating events. An accurate, fact-based description of the circumstances surrounding your injury will help your lawyer accurately assess the strength of your case.
An attorney should also be contacted if an insurer or manufacturer asks you to sign anything or to return the product.
The product liability attorneys at Humphrey, Farrington & McClain, P.C., are leaders in the field of product liability litigation. We are the biggest personal injury firm in the Kansas City region and routinely litigate high-profile cases across the country.
The exceptional resources we have available at Humphrey, Farrington & McClain, P.C., mean that our initial consultations are always free and that we do not charge fees until a case is resolved in our client's favor.
If you have been injured by a dangerous product, contact us online or call 888-353-0491 to discuss your case with one of our attorneys.