Langston & Lott, PLLC Booneville
Product Liability

The evidence you gather for a product liability claim is crucial to establishing the manufacturer’s, distributor’s, or retailer’s liability for your injury.

The evidence needed can vary depending on the nature of the claim and the jurisdiction, but generally, you will need to compile a comprehensive set of documents and materials that demonstrate the defect in the product, the injury sustained, and the connection between the two. 

Here’s a basic breakdown of the types of evidence commonly required:

• The product Itself: Retaining the product that caused the injury is vital. It is the primary evidence to show that a defect exists. Do not alter or dispose of the product after the injury has occurred.
• Medical Records: Documentation of your injuries, including hospital visits, treatments received, diagnoses, and prognoses, is essential. These records establish the extent of your injuries and their impact on your life.
• Photographs and Videos: Visual evidence of the defective product and your injuries can be powerful. Take photos or videos of the product, the defect (if visible), and all injuries sustained.
• Expert Testimony: Experts in fields relevant to your case, such as engineering, product design, or medicine, can testify how the product’s design, manufacturing, or labeling was deficient and how it led to your injury.
• Purchase Records: Receipts, warranties, and any other documentation proving your purchase or use of the product help establish your relationship to the product and that you were using it as intended or in a reasonably foreseeable way.
• Incident Reports: If the injury was reported to any authorities or the manufacturer, those reports can be useful. They provide an official record of the incident and any immediate observations or actions taken.
• Witness Statements: Accounts from people who saw the incident or can testify to your product usage and the resulting injuries can support your claim.
• Instructions and Warnings: The product’s instructions, packaging, and warning labels (or lack thereof) are crucial for claims involving inadequate warnings or instructions. These materials can show whether the manufacturer provided sufficient information to use the product safely.

The complex process of gathering this evidence may require professional legal guidance to make your claim as strong as possible. 

An experienced product liability attorney can help you identify the specific evidence needed for your case, navigate the legal requirements, and work with professionals to build a compelling claim for compensation.