After getting medical care, keep the product in its post-incident condition, save its parts and document what happened. Do not repair, clean or return it before you get advice about preserving evidence. These steps can help support a product liability claim in West Virginia.
Store the product without changing it
Stop using the item and keep others away from it. If you can safely move it, place it somewhere secure and dry. Save broken pieces, packaging, instructions and proof of purchase. Photograph the model number, serial number and any warning labels.
Do not try to recreate the failure or take the product apart. An inspection may help determine whether a design, manufacturing or warning defect contributed to your injury. If the item contains a damaged battery, leaking chemicals or another hazard, do not handle it just to preserve evidence. Follow emergency safety instructions and seek guidance on safe storage.
A manufacturer may ask you to return the product for testing. Before handing it over, discuss how to preserve it for an independent inspection. Repairs or testing that changes the item could make the cause harder to prove.
What records should you keep?
Photos and written notes can capture details that fade over time. Along with the product itself, preserve:
- Photos of the item, scene and visible injuries
- Purchase receipts and warranty records
- Instructions, warnings and recall notices
- Names and contact information for witnesses
- Medical records, bills and proof of missed work
- Emails or letters from the seller or manufacturer
These records help connect the product’s condition to the incident and document your losses. In claims involving injuries from faulty products, proof of an injury alone does not establish that a defect caused it.
Get advice before agreeing to testing or disposal
If a manufacturer or its insurer contacts you, stick to facts you know. Do not guess about why the product failed. Ask for requests in writing and get advice before agreeing to a recorded statement.
Preserving evidence does not mean keeping a dangerous item indefinitely. A West Virginia product liability attorney can help arrange safe preservation and inspection before anyone repairs, tests or discards it. Early coordination can also reduce disputes over whether someone changed evidence that the other side needed to examine.
