Why should I save a defective product's packaging?

The defective product packaging could be very useful to Clarksburg personal injury attorneys when establishing which party is liable and what the cause of the defect was, depending on the circumstances. Almost any kind of physical evidence may potentially be helpful in a defective product claim.

Importance of Preserving Defective Product Packaging for a Claim

One of the most important elements when pursuing a defective product claim with Clarksburg personal injury attorneys is establishing the problem with the product that caused injuries. For instance, if an incorrect label was placed on the product, the packaging could help prove that lack of warning or mislabeling contributed to the accident and injuries.

Let’s say a product was designed for children over the age of three because of choking hazards. If that label wasn’t included and a two-year-old child was injured after swallowing an object, the packaging might show the cause of harm.

Another example is a product that should contain instructions on how to properly use the product. For instance, if a hunter were to purchase a deer stand and the instructions weren’t included or were incorrect, this could be used as evidence.

So if the deer stand was incorrectly installed because there wasn’t proper instructions and someone fell from it and was injured, those injuries may be attributed to this lack of proper instructions. The packaging would be a critical piece of evidence.

Failure to warn is another potential problem. A medication that has the risk of producing severe side effects should include a warning label. If it’s not included and someone is injured, the packaging would be helpful in establishing this.

In addition to the packaging, the product itself and any accompanying instructions or warranties might also be helpful. The more evidence that can be preserved, the better the chance of establishing what caused the injuries when pursuing a defective product claim with legal assistance from Clarksburg personal injury attorneys.

The other important element will be showing who is liable. So if it was a labeling problem, the party responsible for labeling could be named in a claim. In some cases, several parties involved in the chain of distribution could be at fault for improper practices regarding the defective product's packaging or labeling.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group