The first days after the injury
In a defective product claim, the physical item is usually the central piece of evidence. Leave it as it is, in a safe place, and do not clean it, take it apart, or try to make it work again. If it is dangerous to keep, such as a damaged lithium battery, put safety first and follow fire department guidance, then talk with a lawyer before discarding it. Do not hand it to the manufacturer, a retailer, or an insurer that offers to examine it, even if they offer a replacement or a refund, without legal advice. Testing that destroys part of the product should be arranged so every interested party can attend.
Reporting and records
Photograph the product from every angle, along with the label, model and serial numbers, packaging, and the scene where it failed. Keep the receipt, order history, or credit card statement showing the purchase, and the manual and any warnings that came with it. You can report the incident to the federal consumer product safety agency or, for vehicles, to the federal highway safety agency, and checking their recall databases may show whether others had the same problem. If the manufacturer contacts you after a report, be cautious about recorded statements and releases. Get medical care promptly and keep every record.
What we look at first
We start with what failed and how, because the type of defect being claimed affects what has to be proven. We also look at the product's history: whether it was used as intended, whether it was modified or repaired, and how old it was. Online purchases from overseas sellers can make it harder to identify who is responsible, so we work out the chain of distribution early. We discuss whether a technical witness should inspect the product and when, what insurance may be available, and the deadlines that apply. Our goal in the first conversation is to protect the evidence and decide the next steps.
