How to Preserve a Defective Product as Evidence
In a product case, the product itself is usually the single most important piece of evidence. This checklist covers how to protect it — and the mistakes that can destroy a case.
Do not repair, alter, or clean it
Leave the product exactly as it was after the failure. Repairs, cleaning, or modifications can destroy the evidence of the defect and hand the manufacturer a defense.
Do not throw it away
Keep the product, even if it is damaged or seems worthless. Discarding it can seriously weaken or end a claim, since experts need to examine the actual item.
Store it safely
Put the product somewhere secure and dry where it will not be further damaged, used, or discarded by anyone. Note where it is stored.
Keep everything that came with it
Save the packaging, labels, warnings, instruction manuals, and your receipt or proof of purchase, and note the model and serial numbers.
Photograph it before anything changes
Take detailed photos of the product from all angles, the failure or damage, and any injuries, so there is a record even if the item is later examined or altered in testing.
The deadlines and rules depend on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to product liability.
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This is general information, not legal advice. Every situation is different, and the law differs by state.