Evidence Collection in Product Liability Cases — What to Save and Why

## Why Evidence Collection Begins at the Moment of Injury

Product liability cases are won or lost on physical evidence. The defective product itself is your most important witness — it can be examined by engineers, tested by laboratories, and compared against the manufacturer's specifications to prove exactly what went wrong. But physical evidence degrades, disappears, or is intentionally disposed of quickly. Your actions in the hours and days after a product defect injury directly determine whether your case survives or collapses when litigation begins.

The single most common reason product liability cases fail is that the plaintiff disposed of, repaired, or allowed the manufacturer to retrieve the defective product before an independent expert could examine it — eliminating the only evidence that could have proven the defect.

Priority Evidence in the First 24 Hours

**The product itself:** Secure it exactly as it was at the time of injury. Place it in a sealed container or bag. Do not clean, repair, modify, or disassemble it. Do not return it to the manufacturer, the retailer, or any insurance company.
**Photographs:** Take extensive photographs of the product, the defect (if visible), the scene of the injury, and all physical injuries — from multiple angles and in good lighting.
**Packaging and purchase documentation:** The product's packaging contains the model number, serial number, lot number, and manufacturing date — critical for identifying the production batch and connecting your unit to recall records.
**Receipt and purchase records:** Prove the product came through commercial sale, establishing the commercial chain of distribution necessary for strict liability.
**Any accessories, instructions, or warnings:** Save everything that came with the product — including any safety warnings (or their absence).

Ongoing Documentation Throughout Your Case

Medical records from every treatment provider, connected explicitly to the product-related injury
Photographs of injuries over time — healing process and any permanent scarring or limitation
Daily pain journal documenting your functional limitations and their impact on work and daily life
Employment records showing lost income connected to the injury
Any communications with the manufacturer, retailer, or their insurance company — preserve all written correspondence

What to Do If the Manufacturer Contacts You

Manufacturers often contact injured customers promptly — sometimes offering rapid settlements, asking to retrieve the product "for investigation," or requesting that you sign incident forms. Do not sign anything, return the product, or discuss liability without attorney representation. Accepting a rapid settlement before the full extent of your injuries and damages is known permanently closes your claim. An experienced product liability attorney will handle all manufacturer contact once retained.