Our Strategy in Product Liability Cases
Success in products liability litigation requires experience and diligence, since most product manufacturers will vigorously defend claims against them, and they have virtually limitless resources with which to fight. Winning such cases depends on aggressive representation. Though all cases are different in some respect, the following are some basic procedures that normally are encountered in each case.
At Blackman Legal Group, our first priority is to secure the product in question and to make sure that all evidence is preserved. This is absolutely vital in cases where a particular unit of a product is at issue. In cases involving a motor vehicle it is important to secure the wreckage, even if it must be purchased. Once a product is lost it is gone forever, and reconstruction of the cause of an accident becomes vastly more difficult. Also, a manufacturer will seek to obtain the product involved before you do in the event it knows the circumstances of an accident. After obtaining the product at issue, it is important to store it in a safe place where it cannot be altered or damaged.
In the event that you are unable to retain the product at issue immediately after an accident, it is important that we give notice to all parties who come in contact with the product that they must preserve the evidence and that if they fail to do so action will be taken against them for altering or destroying the evidence. It is often necessary for us to file a court action requesting a temporary restraining order and a preliminary injunction in order to properly secure the property and prevent it from being transferred, manipulated, sold, or otherwise altered.
In order to properly bring a lawsuit against the appropriate parties, it is necessary to assemble a complete history of the product. All parties in the distributive chain should be identified, and the date of transfer between each party should be determined as well. All manuals, instructions, warranties and all other written material that accompanied the product at the time of the original sale and distribution should be gathered. In the event the product was modified or altered in any way, details of what, where, when, and by whom should be obtained.
Additional investigation should then be performed to acquire all materials related to the product, such as manufacturer’s specifications, advertising brochures, instruction booklets, technical data, parts lists, repair manuals, catalogs, advertisements, blueprints, diagrams, and engineering notes. Where feasible, it is also often prudent to purchase additional new versions of the product for independent review and testing, and evaluation of the most recent materials that accompany the product.
When preparing our case, we review federal and state laws, regulations, and safety orders concerning certain types of regulated products. For these products, non-compliance with the laws and regulations can form a powerful basis for alleging defect. Many of these regulations are policed by agencies that can be a valuable resource as the case moves forward. Some agencies include the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency, the Food and Drug Administration, and the National Transportation Safety Board. In addition, we may contact any one of a number of private entities that conduct research regarding various types of products. These companies can also be a valuable resource for providing information and data to support a products liability case.
In virtually all product liability cases, the services of a qualified expert is necessary to assist in proving that a product is defective. Experts are generally professionals in a given field that relates to the product at issue. In addition to product testimony, consideration should also be given experts specializing in the field of human factors. A human factors expert is someone who is trained to anticipate the actions a reasonable person might take when approaching and using a given product. Such testimony is often helpful in establishing that a product was defective due to design defects, or inadequate warnings or safety devices. In appropriate cases, testing, either destructive or non-destructive, may be necessary to determine whether there is evidence that the product failed or could fail in the manner theorized by the plaintiff.
Finally, the "discovery" process in litigation allows us to obtain significant items from the munufacturer. Using a form of written questions to the defendants called "interrogatories" in conjunction with a request for documentation, we are able to identify and locate items that are critical to your case. These items can be indispensable to an expert testifying on a plaintiff’s behalf, and may also allow comparison with any local or federal laws regulating the product.
Interrogatories also allow us to identify each person connected with the design not only of the product in question, but of similar products, including employees of the manufacturer and others consulted concerning the design. Information regarding safety devices known to a manufacturer but not used should also be obtained. In addition, a description of each test conducted by the manufacturer during the design process, along with all test records, should be obtained from the defendants. Interoffice memos, letters, bulletins, emails, and notes should also be obtained and evaluated.
In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call Blackman Legal Group now at 1-800-444-5602 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.