Product liability claims result from improper product design, equipment malfunction, inadequate safety consideration, etc...
When products in our everyday life fail, there can be horrible consequences. Over the years my firm has pursued claims against the manufacturers of these defective products. While it seems basic that these proprietors would stand behind their products and be responsible for the harm they cause, it is never that simple. Products liability claims are complex and there are opportunities at every turn for the manufacturer to shirk responsibility for the damages they cause. And while every case is different, a couple of suggestions may go a long way to preserving your claim.
- Notice the loss and demand the evidence be preserved: When a dispute exists between parties it is improper to knowingly and intentionally destroy the evidence. To protect yourself, make sure the other party knows there has been a loss and demand that the evidence be preserved. Send your notice in writing.
- Document the evidence and the scene: Conditions change and it is important to document what they looked like at the time of the event. Take pictures and measurements. Note the scene conditions, e.g., is it day, night, dry or raining. Identify witnesses to the incident. It is not the responsibility of the other party to do this for you. The other party's sole agenda is to act in their own best interest, not yours.
- Maintain the evidence: If there is a critical piece of evidence, demand that you keep it. Keep it safe and do not alter it. Let the experts examine the evidence. You're just making sure the consultants have something to examine.
- Retain an attorney: Whether you hire The Law Offices of Adam Neijna or another firm, hire an attorney to represent your interests. The sooner a lawyer is retained, the sooner he/she can take these burdens off your shoulders. You have already been through a lot. You need to focus elsewhere, not on prosecuting your claim. Lawyers deal with these situations every day, you do not. Don't lose evidence because you were overwhelmed. You have already been traumatized, let someone help you through the recovery process.
Products liability litigation is a complex and technical area of practice. One case may involve heat and friction another electrical current. My firm focuses on the little details so you don't have to. With access to a wide range of consultants, we make sure that your claim has been thoroughly investigated. We do what you need to so you don't have to. When products are unsafe, we help make sure those responsible are held accountable. Let us help you.