When a defective product causes injury, victims have the right to seek compensation through a product liability claim. However, proving a manufacturer, distributor, or retailer is responsible for your injuries requires strong evidence. Product liability cases can be complex, involving legal and technical issues, which is why having the right documentation is crucial. In this article, we will explore the key types of evidence necessary to build a strong product liability case.
1. The Defective Product Itself
The most critical piece of evidence in a product liability case is the defective product. If possible, keep the product in the condition it was in at the time of the injury. Do not attempt to repair or modify it, as this could alter key aspects that may be used to prove liability.
If the product is lost or destroyed, photographic or video evidence documenting its condition before the incident can be helpful.
2. Purchase Records and Receipts
To prove that you owned the product and that it was used as intended, you will need receipts, invoices, or bank statements showing where and when you purchased the item. This documentation connects the product to the specific manufacturer or retailer, establishing the chain of distribution.
Additionally, product warranties, instruction manuals, and packaging may provide critical details about the intended use and potential safety warnings, which can help determine if the manufacturer failed to provide adequate instructions or misrepresented the product.
3. Photos and Videos of the Defect and Injuries
Visual evidence can be powerful in product liability cases. Photos and videos should include:
- The defective product, showing any broken, faulty, or missing parts.
- Any warning labels, instructions, or packaging that came with the product.
- The scene of the accident where the injury occurred.
- Visible injuries sustained as a result of the defect.
These images provide strong support for your claim and make it easier to explain what happened.
4. Medical Records and Treatment Documentation
Your medical records are essential in proving that the defective product directly caused your injury. These documents may include:
- Emergency room visits.
- Hospital stays.
- Doctor’s evaluations.
- Diagnostic tests (X-rays, MRIs, CT scans).
- Prescriptions and treatments received.
- Statements from medical professionals linking the injury to the defective product.
A comprehensive medical record helps establish the extent of your injuries and the costs associated with treatment, which will be important for calculating compensation.
5. Expert Witness Testimony
In many product liability cases, expert testimony is needed to explain technical details. Experts may include:
- Engineering and design experts – They analyze the product and explain how the defect occurred.
- Medical professionals – They confirm the extent of the injuries and how they were caused by the product.
- Manufacturing process specialists – They assess whether the defect resulted from a flaw in the design, manufacturing, or failure to warn.
Expert opinions can provide scientific or industry-based explanations to strengthen your case.
6. Accident Reports and Witness Statements
If the injury occurred in a public place or workplace, an accident report may have been filed. These reports can provide valuable details about the incident, including third-party observations.
Witness statements from people who saw the accident happen can help support your claim. If others have experienced similar issues with the same product, their testimonies can demonstrate a pattern of defects, strengthening your case.
7. Safety Recalls and Complaints
If the product has been recalled or if there are previous complaints about defects, this information can be used as evidence. The Consumer Product Safety Commission (CPSC) and other regulatory agencies maintain records of safety recalls and complaints. If a manufacturer knew about a defect but failed to act, this can establish negligence.
Additionally, internal company documents, emails, and reports (if obtained through legal discovery) may reveal whether the manufacturer was aware of the defect before the injury occurred.
8. Proof of Damages (Lost Wages, Expenses, and Pain & Suffering)
Beyond medical expenses, other financial losses must be documented, including:
- Lost wages – Pay stubs, tax returns, and employer statements showing time missed from work due to the injury.
- Out-of-pocket expenses – Any additional costs incurred as a result of the injury, such as travel expenses for medical care.
- Pain and suffering – Documentation of the emotional and psychological impact of the injury, including therapy records or personal journals.
Calculating damages accurately ensures that you receive fair compensation for all losses caused by the defective product.
How We Can Help
Building a strong product liability case requires thorough documentation, expert analysis, and legal expertise. At Hayes Law, we have a proven track record of taking on major corporations and winning. Our experienced legal team will gather the necessary evidence, consult with experts, and build a compelling case on your behalf.
If you or a loved one has been injured by a defective product, don’t wait—contact Hayes Law today for a free consultation. We will review your case, explain your rights, and help you secure the compensation you deserve.
