Evidence supporting a dangerous product lawsuit typically includes the item, its labels and packaging, medical and injury records, and often, expert opinions. This documentation is used to establish key product liability elements, such as the defect, how it was used, the injury, and the resulting damages.
Collecting evidence to prove these factors sounds straightforward, but it can be complicated to handle on your own. That’s where an attorney for a dangerous product case can help. Whether the defect involves components from multiple manufacturers or an especially complex supply chain, attorneys can provide resources critical to identifying the source of the flaw and establishing defective product liability.
If you’ve been injured by a consumer good and feel you have grounds to sue the company, doing so will require clear evidence. This guide outlines documentation to gather for a potential claim. Product liability laws vary by state, and the evidence required can depend on where the claim is filed.
Can I Sue a Company for a Dangerous or Defective Product?
The short answer is yes; under product liability law, a person harmed by a faulty item may have legal grounds to sue the responsible party for damages. The lawsuit could name the manufacturer, retailer, supplier, or any combination of responsible parties within the distribution chain.
What You Must Prove in Product Liability Cases
The evidence for a claim must support the key factors attorneys are required to prove when suing a company for defective product liability: the defect, how it caused harm, and the resulting consequences. The totality of these elements will help connect the faulty item to the injury.
The Product Was Defective
For product liability laws to apply, the consumer good generally needs to be proven defective or dangerous. This often requires tracing the flaw back to its source to determine which entities are responsible. Defects are typically categorized in three ways:
- Design Defects: The inherent design or blueprint makes the item a hazard when used as intended. Proving a design defect often involves showing that the product’s risks outweigh its utility, or that it failed to meet consumer safety expectations, depending on the jurisdiction. Attorneys will look for evidence that manufacturers could have prevented or reduced the hazard by choosing a safer — and feasible — alternative.
- Manufacturing Defects: A manufacturing defect occurs when the design is safe, but an error in the production process makes a unit or batch dangerous. Proving a manufacturing defect involves demonstrating a deviation from the intended design or from standard manufacturing practices.
- Marketing (Failure-to-Warn) Defects: A failure-to-warn defect arises when a product lacks adequate warnings or instructions for known potential risks. Proving this defect requires showing the company or seller knew or should have known about the potential dangers and failed to appropriately warn consumers.
The Person Used the Product as Intended
How someone used the product is another element of a claim. To establish legal standing, the risk or danger must arise when the item is used as intended or in a reasonably foreseeable way. The litigation against baby formula manufacturers illustrates this principle, as parents would not reasonably expect infant formula to pose serious health risks when used for its intended purpose.
Even if a person did not follow instructions exactly, evidence could show that the manufacturer could reasonably anticipate the alternative use, supporting the argument that the item — rather than misuse — caused the damages.
The Defect Caused Your Injury
Causation is a legal term that refers to directly connecting the product defect to the injury. This is often a highly contested aspect of a dangerous product lawsuit. Evidence is typically used to demonstrate that the defect was a significant contributing cause of the injury, and that harm did not result from misuse, pre-existing conditions, or other factors. In many cases, establishing causation requires expert testimony to rule out alternative causes and explain how the defect contributed to the injury.
You Suffered Damages
To hold a company legally liable, the person suing must have suffered provable damages. This might include physical, emotional, and financial impacts.
Gathering Evidence To Prove a Faulty Product Claim
Documentation is crucial to supporting your claim against a manufacturer, seller, or distributor. Different types of evidence may be used to establish each element of a dangerous product lawsuit. Focus on these main areas when gathering supporting materials for your claim:
The Product
If possible, retain the actual product without altering, repairing, or cleaning it. Preserve packaging, purchase records, instruction manuals, warning labels, or paperwork that came with the item. Store these materials securely. If the product defect caused a car accident and you’re unsure how to preserve the vehicle, consider speaking to a lawyer about formal preservation steps for the evidence, such as chain-of-custody safeguards. Avoid returning the product to the manufacturer or allowing it to be inspected or repaired without legal guidance. Altering or releasing the item too early can make it harder to prove how the defect caused the injury.
The item in question is a valuable material for inspectors and engineers to use to try to evaluate whether it:
- Deviated from blueprints, specifications, or production standards
- Lacked adequate warnings or instructions for known or foreseeable risks
- Featured a design, materials, or components that contributed to the item’s failure
Healthcare Records
Medical documentation is essential to proving both the existence and extent of your injury and the link between that harm and the defective product. Records from doctors’ appointments, emergency room visits, mental health sessions, rehabilitation, and diagnostic tests can help demonstrate serious to catastrophic physical injuries and emotional trauma.
Visuals and Records of Use
Supporting a faulty product claim requires showing the item was used as expected and documenting how the injury occurred. Relevant evidence may include:
- Videos or photos of the item in use or its setup
- Statements describing how it was used at the time of the incident
- Testimony from those who observed the incident
- The instructions and warnings provided with the purchase
- Prior customer reviews or complaints that signal the manufacturer knew or should have known about the uses and risks
Purchase and Ownership Records
In many cases, you don’t need to be the purchaser to pursue a dangerous product lawsuit, but demonstrating proof of purchase may help support your claim. Receipts, invoices, shipping confirmations, and warranties or registration records can help establish ownership to counter a manufacturer’s arguments that the product was altered after leaving its control.
Damages
Evidence of damages can demonstrate the harm the injury caused and the consequences of the defect. You may need to lean on several sources to establish tangible and intangible losses. Depending on your harm, damages documentation might include:
- Medical bills and treatment expenses
- Earnings statements showing lost wages or missed work
- Receipts and invoices for out-of-pocket expenses
- Long-term care plans and anticipated future needs
- Personal testimony about how an injury, brain trauma, or serious health condition impacted you and your family
What Evidence To Gather and When
Understanding what evidence to collect — and at what stage — can help you prioritize time-sensitive materials and prevent items from being lost or altered.
What To Gather Right Away
Store the product, packaging, receipts, and ownership documentation immediately. If the accident or injury was captured on home surveillance, a dash cam, or recorded on a smartphone, save the digital file somewhere secure before it is overwritten. Take photographs of any injury to capture the immediate impact (and continue documenting the condition if it persists or worsens).
What To Gather for a Legal Consultation
Bring items to your consultation if you feel they are relevant to your claim. These may include:
- The faulty product or photos of it
- Manuals
- Purchase records
- Medical information
Even partial documentation can help a lawyer evaluate your situation and prepare to investigate further.
Evidence Attorneys Can Help Obtain Later
Many people believe they need to build a case before seeking legal counsel, but lawyers are an excellent resource to help investigate and preserve evidence. Attorneys can formally request documentation that consumers typically don’t have the tools to gather. Some of the records attorneys may help you obtain include:
- Expert analysis from engineers or investigators
- Testing results and safety evaluations
- Recall notices, regulatory findings, or official reports
- Internal company documents related to the flaw (such as these Johnson & Johnson emails on talcum powder safety)
- Records of similar incidents involving the same product or company
Frequently Asked Questions
If you have additional legal questions, we’re happy to answer them. Contact our product liability attorneys to discuss your situation or schedule a consultation.