How Can I Prove a Product Was Defective?

Lever & Ecker, PLLC August 3, 2020 General

If you, your child, or another member of your family has been injured in a product-related accident, it is important that you speak with an attorney about your legal rights. Defective products are a major cause of serious injury, but pursuing a legal claim for compensation is much different from simply demanding a refund.

The ability to prove a product defect case, and recover compensation for your injuries, depends on a variety of factors, including the type of product, the nature of the defect, the amount of time that has elapsed since the accident, and the evidence pertaining to the accident that has been retained.

The experienced defective product lawyers at Lever & Ecker, PLLC can investigate your case and advise you of your legal rights. Please call (914) 288-9191 today for a free consultation at our office in White Plains, New York, at your home or at another location of your choosing.

What Type of Defect Caused the Injury?

While there are many different ways that a product can malfunction or otherwise cause an injury, most of these cases revolve around three primary types of product defects, which are:

• Design Defects – If a product suffers from a design flaw that makes it unsafe for its intended use, then it is considered to have a design defect.
• Manufacturing Defects – A manufacturing defect occurs when a product becomes dangerous as a result of a flaw during its creation, assembly, or construction.
• Warning Defects – If a product can present certain safety hazards that may not be readily apparent to the user, then the manufacturer has a duty to place appropriate warnings on the product. The failure to do so is classified as a warning defect or failure to warn.

Oftentimes, it will not be readily apparent which type of defect is to blame for a product-related accident. For example, if a dresser tipped over, was the dresser’s design unsafe, was there an issue with the structural integrity of one of its components, or did the manufacturer fail to provide a warning that the dresser needed to be secured to the wall?

In order to answer this type of question, it will be necessary not only to conduct an investigation and inspect the product itself, but also to obtain records and other information from the product’s manufacturer through the discovery process. Contact our product liability attorneys for help building your case.

What Evidence Can You Collect to Help Prove That a Product was Defective?

While your attorney will need to hire an expert to inspect the product and initiate formal legal proceedings to obtain evidence through the discovery process, you may have important evidence in your possession as well. With this in mind, you should:

• Keep the product (or any remaining pieces). If you own the product, be sure to keep it regardless of its current condition. If the product is in pieces, keep all of the pieces in a safe place.
• Keep the product’s packaging. If you still have the product’s packaging, you should keep this, too. Not only will the packaging have information about the product’s manufacturer, but your attorney may be able to use it to demonstrate a lack of adequate warnings on the product as well.
• Keep any photos and/or video from the scene of the accident. Any photos or videos you have from the scene of the accident can serve as key evidence. This is particularly true if you do not own the product (i.e., if you were injured at work or your child was injured on a playground) and are not able to keep the product itself.
• Keep any other damaged items. If the product caused a fire, damaged your or your loved one’s clothing, or caused damage to any other items, be sure to keep these items as well.
• Seek medical attention for you or your loved one. In defective product and other personal injury cases, victims’ medical records can provide key insight into how and why their injuries occurred. If you have not done so already, you should seek medical attention for you or your loved one as soon as possible.

This list is not exhaustive, but these are some of the steps you can take immediately to help preserve your claim for just compensation. To learn more, schedule a free consultation with Lever & Ecker, PLLC today in White Plains, New York, at your home or at another location that is convenient to you.

Speak with Our Product Liability Attorneys for Free

Do you believe that you or a loved one may have been injured by a defective product? If so, one of our attorneys will be happy to meet with you to discuss your case in confidence.

To schedule a free, no-obligation consultation, please call Lever & Ecker, PLLC at (914) 288-9191 or contact us online.