When a defective product causes injury, victims face unique legal challenges that differ from typical accident claims. Product liability cases involve manufacturers, distributors, and retailers, each with teams of attorneys protecting their interests. Small mistakes can destroy your ability to recover compensation.
Our friends at Cohen & Cohen discuss how victims unknowingly sabotage their own cases through preventable errors. A product liability lawyer experienced in product liability can guide you through the specific requirements these claims demand.
We’ve seen strong product liability cases fall apart because victims didn’t understand how to preserve evidence or identify all responsible parties. Avoiding these mistakes protects your claim from the start.
Throwing Away or Altering the Defective Product
The product itself is your most important evidence. Discarding it, repairing it, or modifying it destroys your ability to prove the defect existed.
Keep the product exactly as it was when it caused your injury. Store it safely and don’t let anyone handle it except your attorney or a designated professional.
Not Preserving Packaging and Instructions
Product packaging, instruction manuals, and warning labels are evidence in your case. They show what information the manufacturer provided and what warnings were or weren’t included.
According to the Consumer Product Safety Commission, inadequate warnings contribute to thousands of product-related injuries annually. Save all packaging materials and documentation that came with the product.
Failing to Document Your Injuries Immediately
Photograph your injuries as soon as possible after the incident. Take pictures from multiple angles and continue documenting as your injuries heal or worsen.
Seek medical treatment immediately and explain to your doctor exactly how the product caused your injuries. This creates a medical record linking the defective product to your harm.
Not Identifying All Potentially Liable Parties
Product liability cases can involve multiple defendants:
- The product manufacturer
- Component part manufacturers
- Distributors and wholesalers
- Retailers who sold the product
- Companies that designed the product
Missing a liable party means missing potential sources of compensation. We investigate the entire supply chain to identify everyone who shares responsibility.
Assuming User Error Prevents Recovery
Even if you made a mistake while using the product, you might still have a valid claim. Products must be designed to anticipate foreseeable misuse.
If a reasonable person could make the same mistake you made, the manufacturer might be liable for not designing the product to prevent that error or warn against it.
Delaying Your Claim
Product liability cases require extensive investigation. Manufacturers need time to be notified, products need professional examination, and similar incidents need to be researched.
Starting early gives us time to build a thorough case. Waiting also risks evidence disappearing as products get discontinued, recalled, or redesigned.
Not Checking for Recalls or Similar Incidents
Research whether the product has been recalled or if similar incidents have occurred. The Consumer Product Safety Commission maintains a database of recalled products and reported injuries.
Evidence of prior incidents or recalls strengthens your case by showing the manufacturer knew or should have known about the defect.
Talking to the Manufacturer or Insurance Company Alone
Manufacturers and their insurers have one goal after a product causes injury: minimizing liability. They may contact you asking for statements or offering quick settlements.
Never speak with them without legal representation. Anything you say can be used to deny or reduce your claim. Direct all communication through your attorney.
Not Obtaining Professional Product Examination
Product liability cases typically require professionals to examine the product and determine what defect caused your injury. This might involve engineers, chemists, or other technical specialists depending on the product type.
These examinations cost money but are necessary for proving your case. Don’t attempt to have the product examined by friends or local repair shops. You need qualified professionals who can testify if needed.
Missing the Statute of Limitations
Product liability claims have strict filing deadlines that vary by state. Some states allow two years, others allow longer periods, and some have special rules for when the deadline starts.
Don’t assume you have plenty of time. Consult an attorney early to understand your specific deadline and avoid missing it.
Understanding the Three Types of Product Defects
Product liability claims fall into three categories, and understanding which applies to your case matters.
Design Defects
The product was manufactured correctly but the design itself is dangerous. Every unit of the product shares the same flaw.
Manufacturing Defects
The design is safe but something went wrong during production. Only certain units have the defect.
Marketing Defects
The product lacks adequate warnings or instructions about proper use and potential dangers.
Evidence You Need to Preserve
Beyond the product itself, gather and preserve:
- Receipt or proof of purchase
- Product serial numbers and model information
- Photos of the accident scene
- Witness contact information
- All medical records and bills
- Any correspondence with the manufacturer
Why Product Liability Cases Differ From Other Injury Claims
These cases don’t require proving negligence in the traditional sense. You must prove the product was defective and that defect caused your injury.
Manufacturers can be held strictly liable, meaning you don’t need to prove they were careless. But you do need to prove the defect existed when the product left their control.
Common Defenses Manufacturers Use
Manufacturers will argue you misused the product, the product wasn’t defective, your injuries came from something else, or you assumed the risk by using the product despite knowing the danger.
Preserving evidence and building your case properly helps counter these defenses before they gain traction.
Class Actions vs. Individual Claims
Sometimes defective products injure many people, leading to class action lawsuits. You might have the option to join a class action or pursue an individual claim.
Each approach has advantages and disadvantages depending on your specific injuries and circumstances. We can advise which option serves your interests better.
The Importance of Acting Quickly
Product liability cases take longer to develop than typical personal injury claims. Investigations are more complex, liable parties are harder to identify, and proving defects requires technical analysis.
Starting early gives us the time needed to build a compelling case. Waiting reduces our ability to gather evidence and identify all responsible parties.
Get Help With Your Product Liability Claim
Defective product cases require specific knowledge of product liability law, access to qualified professionals for product examination, and experience dealing with manufacturers and their insurance companies.
If a defective product has injured you, we can evaluate your case, preserve the necessary evidence, identify all liable parties, and build a comprehensive claim for the compensation you deserve while you focus on recovering from your injuries.
