If you have been injured by a defective or dangerous product, it is important that you consult an experienced product liability attorney as soon as possible. Product liability cases are often quite complex, and will require an attorney's expertise from the beginning, in order to ensure all relevant evidence and potential claims are preserved. The following discussion describes some of the steps and considerations that will be taken in the preparation of a product liability action.

Immediate Investigation

The early days following an accident can often be critical in setting the stage for a successful product liability action. The first priority when someone is injured by a defective or dangerous product, after the necessary medical treatment is obtained, is to call an experienced product liability attorney who will make sure that all evidence is preserved. The product that injures a potential plaintiff must be secured immediately to ensure its availability later, which will be necessary in proving a product liability claim, and to guarantee that its condition will not be changed, which can adversely affect one's case.

The defective product should be locked in a facility that you and/or your attorney controls. Never dispose of the product that injured you, unless it presents a risk of immediate harm. Do not sell or give the product to any investigator before consulting an attorney. Major manufacturers carefully read newspapers and often attempt to secure evidence in order to deny plaintiffs the ability to pursue claims.

If the product cannot be secured immediately, put everyone on notice, including tow-truck operators, wrecking yards, and police impounds that they must take every step to preserve the product, which is evidence, and that the failure to do so will subject them to liability for allowing evidence to be destroyed. When the product is in the possession of a third party or one of the potential defendants, your attorney might immediately file an action for a temporary restraining order and a preliminary injunction to avoid alterations to or destructive testing of the product.