Austin Personal Injury Blog

How to Prepare a Product Liability Case

Posted By The Stewart Law Firm, PLLC || 22-May-2018

If you have been injured by a dangerous or defective product, one of the most important steps in recovering compensation for your injuries is to discuss your case with an experienced personal injury attorney. Preparation for a product liability lawsuit can be complicated, which is why having a lawyer on your side can help make sure all of the necessary steps are taken to ensure a successful claim.

Ensure All Evidence is Preserved

Once you obtained the necessary medical treatment, the first step is to secure all of the evidence. The product that caused the injury must be persevered immediately to ensure its availability later and to guarantee that its condition will remain the same, which will be necessary for proving a product liability claim.

The product should be kept locked in a facility which you and/or your lawyer controls. Disposing of the product that caused injury would jeopardize the case unless it presents a risk of immediate harm. Never sell or give the product to any investigator prior to consulting a lawyer.

Investigate the History of the Product

Your lawyer will want to thoroughly understand the product’s complete history. He or she will attempt to find out the date of the original sale and to identify the dealer, distributor, subsequent purchasers, and users. It is critical to obtain the instruction manual, assembly manual, warranties, and all other written material associated with the product at the same time of the original sale and distribution.

Hire Experts

In order to succeed in a product liability case, you may need the assistance and testimony of an expert witness. Typical types of experts retained in product liability cases include medical professionals, engineers, and safety experts.

Expert engineering testimony is typically critical to proving that a design or manufacturing defect in a product caused the plaintiff’s injuries. Additionally, your lawyer may rely on the testimony of psychologists or experts who specialize in human factors. For example, a biomechanical analysis can determine the hidden danger for the unwary user or a practical way to prevent injuries, due to their understanding of human behaviors and tendencies.

If you have suffered an injury caused by a defective or dangerous product in Austin, TX, contact The Stewart Law Firm, PLLC and request a free consultation with our experienced attorney today.

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