Personal Injury · Products Liability
Preserve the Product: The Most Important Thing You Can Do
In a products case, the product is the evidence. It is the main exhibit. Keeping it in the condition it was in when you were hurt helps protect your claim.
Many families make this mistake in good faith. They want the thing gone, or the company asks for it back and sounds helpful. Please read this page before you do anything with the product.
The rules in short
- Do not throw it away.
- Do not clean it, repair it, or "see if it still works."
- Do not send it to the manufacturer or the store.
- Do not let anyone test or take it apart without your lawyer present.
- Keep everything that came with it.
Why you should not send it to the company
A company may ask you to mail the product back for an "investigation." It may offer a refund or a prepaid shipping label. Once it leaves your hands, you may never see it again. The company can test it in its own way, and parts can be altered or lost.
The company will also tell the story of what its tests found. Your side should have a chance to examine the product too. Independent experts need the product in the condition it was in at the time of the injury.
Why you should not fix or test it yourself
A product that is repaired or taken apart can lose the very clues that show the defect. The defense often claims the product was changed after it left the factory. The jury instruction says a defective product must reach the user "without substantial change affecting that condition." Fla. Std. Jury Instr. (Civ.) 403.7. If the product was altered after the injury, the defense will use it.
How to store it
- Put it in a clean box or bag. Do not wipe it down.
- Label it with the date and your name.
- Keep it in a dry, cool, secure place. Keep it away from children.
- If it is dangerous, such as a damaged battery or a chemical, ask us about safe storage before you handle it. Safety comes first.
- Write down who touched it and when.
What else to keep
- The packaging, box, and inserts
- The manual and any warnings
- Receipt, order confirmation, credit card statement
- Lot, batch, model, and serial numbers
- Photos and videos of the product, the scene, and your injuries
- Clothing and shoes worn at the time
- Messages with the seller or company
- Medical records and bills
Evidence that disappears fast
- Store and traffic video, often overwritten in days
- Online listings, reviews, and ads, which can be edited or deleted
- App data and phone logs
- A vehicle in a body shop, a tow yard, or an insurance lot
Tell us right away if the product is a vehicle or a large item. We can send a written preservation request to the people who hold it.
Duties on the other side
A company that knows a claim is coming generally has to keep relevant evidence. Courts can punish a party who destroys it. A written letter from a lawyer helps put the company on notice. Do not assume it will keep the evidence on its own.
If the product is already gone
Do not panic. Tell us exactly what happened to it. Records, receipts, and photos you took before it was gone can still matter.
Talking to the company or the insurer
Be polite and brief. Do not give a recorded statement. Do not guess about what happened. Do not sign a release. Tell them to contact your lawyer.
What to do now
- Stop using the product.
- Secure it as described above.
- Take photos and video today.
- Write down what happened, with names and dates.
- Call us before you answer the company's request to return it.
Talk to us
Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.
This page is general information, not legal advice. Every case is different.