When you suffer an injury due to a defective product, the manufacturer can and should be held responsible. The company has a duty to provide the public with safe products, and when it fails in this duty, injury victims have the right to medical care and compensation. Victims and their families may be concerned about their chances of filing a successful claim, especially if they no longer have the defective product. However, a victim’s rights don’t disappear simply because the item in question is no longer accessible.
If Victims Cannot Provide the Defective Product
While it’s most helpful to retain the product that hurt you, this isn’t always possible. There are situations in which injury victims may not be able to provide the defective product to the manufacturer or the court because:
- The victim got rid of the product.
- The product was destroyed.
- The victim no longer has access to the product.
An experienced attorney can help address these situations, as well as take steps to preserve the evidence that victims need to be successful.
When the Victim Doesn’t Have Access to the Product
In some cases, a victim is injured by a product he does not own. After the accident, the actual owner of the product might deny the accident victim access to it, might have it repaired, or might destroy it. A skilled attorney can take steps to obtain the product or use the court to gather the information about the defect that would be important to an injury claim.
When the Defective Product Is Gone for Good
It’s possible the defective product that caused the injury is simply gone—either because it was destroyed or thrown away. In these instances, other evidence can be used to support an injury claim, including:
- Photos or videos of the product. Photos and videos of the product in the victim’s possession can be used to prove that the victim did, in fact, own and use the product.
- Receipts. Proof of purchase from a store, website, or directly from the manufacturer can help establish ownership of the defective product.
- Medical records. The victim’s medical records can help paint a clear picture of what happened. Matching the injuries to the product can help build a strong case.
- Records from the manufacturer. An attorney can request materials concerning the product from the manufacturer that may include details or memos that point to the product’s problems.
If you or someone you love suffered injuries because of a defective product, you may be eligible to file a legal claim. Even if you no longer have the product, it is possible to protect your rights. At Athens Injury Law Group, our legal team has helped other victims obtain the justice, care, and compensation they deserved after an accident. Call our office today, or take a moment to fill out the contact form on this page to learn more about who we are and how we may be able to help.