Product Liability Claim: Step-by-Step Timeline

You are injured by a defective product — a malfunctioning appliance, defective vehicle component, dangerous drug or medical device, contaminated food product, or unsafe consumer good. The single most important immediate step is preserving the product exactly as it was at the time of injury.

• —Do not discard, repair, or alter the product in any way — it is your primary evidence.
• —Photograph the product, your injury, and the environment where the injury occurred.
• —Preserve all packaging, instructions, receipts, and purchase records.

You receive medical treatment for injuries caused by the defective product. Documenting the causal link between the product and the injury in medical records is essential — physicians must note the specific product and mechanism of injury, not just the type of injury.

• —Tell every treating physician exactly which product caused the injury and how.
• —Seek specialist evaluation for serious injuries — internal injuries and burns require expert assessment.
• —Collect all medical bills, imaging results, and treatment plans.

Product liability cases require immediate attorney involvement. Your attorney retains a product liability expert — an engineer, scientist, or industry specialist — to analyze the product and determine whether a design defect, manufacturing defect, or failure to warn caused your injury.

• —Product liability expert retention is mandatory — these cases cannot be won without technical testimony.
• —Your attorney will send a preservation demand to the manufacturer immediately.
• —Recall databases and prior incident reports about the product may be available.

Your attorney, working with experts, develops the defect theory: design defect (the product was inherently unsafe), manufacturing defect (the specific unit deviated from the intended design), or marketing defect (inadequate warnings or instructions). This theory shapes all downstream strategy.

• —All three defect theories may apply simultaneously — identify each supported by evidence.
• —Internal manufacturer documents obtained in discovery often reveal prior knowledge of defects.
• —Class action status may be appropriate if many consumers were injured by the same product.

The lawsuit is filed against all parties in the distribution chain — manufacturer, component manufacturer, distributor, and retailer. Discovery is extensive: corporate documents, internal communications, quality control records, testing data, and adverse event reports are obtained.

• —Corporate document discovery in product liability cases frequently reveals prior knowledge of the defect.
• —Multiple defendants provide multiple sources of insurance coverage.
• —Interrogatories and depositions of corporate representatives are central to product liability discovery.

Technical expert depositions are taken on both sides. Manufacturers file Daubert motions to exclude plaintiff expert testimony. These evidentiary battles are often the decisive phase of product liability litigation — winning them sets the stage for trial or a favorable settlement.

• —Your expert's methodology must meet the Daubert or Frye standard applicable in your court.
• —Manufacturer Daubert challenges are aggressive and well-funded — only the most qualified experts survive.
• —Favorable rulings preserving your expert's testimony dramatically increase settlement value.

Product liability cases frequently settle before trial due to the reputational and financial exposure manufacturers face. Trials involve complex technical testimony and can last 2 – 4 weeks. Punitive damages may be available when manufacturers concealed known defects.

• —Punitive damages can multiply verdicts when manufacturers concealed known safety risks.
• —Settlement may include both individual compensation and non-monetary safety commitments.
• —Mass tort or MDL consolidation may apply if thousands of consumers were injured.