Why Is Preserving Evidence Important In Product Liability Cases?

Product liability cases often hinge on the ability to prove that a product was defective and unreasonably dangerous, directly causing the plaintiff’s injuries. To meet this burden of proof, preserving the product in question is crucial. Whether the claim involves a defective car part, household appliance, or medical device, maintaining the product allows  defective product injury attorneys and experts to analyze the product’s condition, determine whether the product is defective, and connect the defect to the plaintiff’s injuries.

Failing to preserve the product can severely undermine a defective product case. Courts frequently dismiss product liability claims or rule in favor of defendants when plaintiffs are unable to produce the product for inspection. In this blog, our Illinois defective product attorneys explore why preserving and maintaining evidence is critical, how the failure to do so can impact a case, and what steps plaintiffs should take to ensure their claim remains viable.

The Role of the Product in a Product Liability Claim

Product liability claims require plaintiffs to establish the following elements:

1. The product was defective.
2. The defect made the product unreasonably dangerous.
3. The defect existed when the product left the manufacturer’s control.
4. The defect caused the plaintiff’s injuries.

To prove these elements, the product itself becomes a centerpiece of the case. It provides the physical evidence needed for analysis and serves as the foundation for expert testimony. Without it, plaintiffs often face an insurmountable challenge in proving their claim.

Why Preserving the Product is Critical

1. Physical Evidence is Central to Proving a Defect

In most product liability cases, the product must be examined to identify the type of defect—whether it is a design defect, manufacturing defect, or failure to warn.

• Design Defects: Experts need to compare the product’s design to industry standards and safer alternative designs. Without the product, this analysis usually cannot be completed.
• Manufacturing Defects: A manufacturing defect occurs when a product deviates from its intended design. Examining the product allows experts to determine whether it was improperly assembled or used substandard materials.
• Failure to Warn: The product may contain inadequate warnings or instructions, which can only be evaluated by reviewing the product itself and its packaging.

Example:
A plaintiff is injured when a pressure cooker explodes. If the pressure cooker is discarded or destroyed, the plaintiff cannot show whether the explosion was caused by a design flaw (e.g., a faulty safety valve) or misuse by the plaintiff.

2. Enables Analysis by Both Sides

In product liability cases, both the plaintiff’s and defendant’s experts must have access to the product for inspection. Defendants have the right to challenge the plaintiff’s claims, and their experts often conduct independent evaluations of the product to offer alternative explanations for the incident.

If the product is unavailable for inspection:

• The Defendant May Move to Dismiss: Courts may dismiss the case entirely if the defendant is deprived of the opportunity to inspect the product.
• The Plaintiff’s Credibility is Undermined: Without the product, the plaintiff’s claims may appear speculative or unsupported.

Example:
In a case involving an allegedly defective ladder, the plaintiff claims the ladder collapsed due to weak materials. However, the ladder was discarded shortly after the accident. Without the ladder, the manufacturer cannot inspect it to determine whether it was truly defective.

3. Demonstrates the Cause of the Plaintiff’s Injuries

Preserving the product is essential to establishing causation. The product can provide critical evidence linking the defect to the injuries sustained by the plaintiff. Without it, the defendant can argue that other factors caused the injuries, such as:

• Misuse of the product.
• Improper maintenance or repairs.
• External conditions (e.g., environmental factors).

Example:
A car’s airbag fails to deploy during an accident, causing severe injuries to the driver. If the airbag system is not preserved, it becomes impossible to determine whether the failure was due to a manufacturing defect, a faulty installation, or damage sustained in the crash.

Consequences of Failing to Preserve Evidence

1. The Risk of Spoliation

Spoliation refers to the destruction or alteration of evidence that is relevant to a case. Courts view spoliation as a serious issue and may impose sanctions against the party responsible. In product liability cases, spoliation of the product can result in:

• Dismissal of the Case: Courts may dismiss a claim if the loss of evidence significantly prejudices the defendant.
• Adverse Inference Instructions: Judges may instruct the jury, using Illinois Jury Instruction 5.01, to assume that the destroyed evidence would have been unfavorable to the party responsible for its loss.

2. The Plaintiff Fails to Meet the Burden of Proof

Without the product, the plaintiff cannot satisfy the burden of proof required in a product liability case. Key elements such as the existence of a defect and causation become speculative without physical evidence.

• Experts Are Limited: Expert witnesses rely on physical evidence to form their opinions. Without the product, their testimony may be excluded as unreliable.
• Defendants Have an Advantage: The absence of the product gives defendants the opportunity to argue that the plaintiff cannot prove their case, resulting in summary judgment or a favorable verdict.

Case Example:
A plaintiff sues a lawnmower manufacturer after being injured by a blade detachment. However, the plaintiff discarded the lawnmower before filing the lawsuit. The court dismissed the case, finding that the plaintiff failed to provide evidence of a defect.

Best Practices for Preserving Evidence in Product Liability Cases

1. Retain the Product Immediately After the Incident

Plaintiffs should preserve the product as soon as possible, ensuring it is kept in its post-incident condition. If the product has been damaged, avoid making repairs or alterations that could compromise its evidentiary value.

2. Document the Product’s Condition

Take detailed photographs and videos of the product from multiple angles, showing any damage, defects, or warning labels. Documentation is critical in case the product is lost or inadvertently altered.

3. Store the Product Securely

Keep the product in a safe location where it cannot be tampered with or accidentally discarded. If necessary, work with your attorney to arrange professional storage.

4. Notify Potential Defendants

Notify the manufacturer, distributor, or other potentially liable parties that the product has been preserved and is available for inspection. This ensures compliance with legal obligations and prevents claims of spoliation.

5. Work with an Experienced Illinois Product Liability Attorney

An experienced product liability attorney will guide you through the process of preserving evidence and ensure that all necessary steps are taken to protect your case.

The Role of an Experienced Illinois Defective Product Attorney in Preserving Evidence

At John J. Malm & Associates, we understand the importance of preserving evidence in product liability cases. Our team works diligently to:

• Secure the Product: Ensure that the product is safely preserved in its post-incident condition.
• Coordinate Expert Analysis: Retain qualified experts to inspect the product and provide credible testimony regarding its defect and role in the incident.
• Protect Against Spoliation Claims: Take proactive steps to notify potential defendants and comply with legal requirements for preserving evidence.

“In product liability cases, the product itself is the cornerstone of the claim. Manufacturers and their legal teams will use every available resource to dispute your allegations, and without the product, you’re fighting with one hand tied behind your back. Preserving evidence is not just a procedural step—it’s essential to achieving justice and holding negligent parties accountable.” – John J. Malm, Illinois product liability attorney

Contact the Top-Rated Illinois Product Liability Lawyers at John J. Malm & Associates

Preserving and maintaining evidence of the product is crucial to the success of a product liability claim. Without the product, plaintiffs risk failing to meet their burden of proof and losing the opportunity to hold manufacturers accountable for defective and dangerous products.

At John J. Malm & Associates, we have extensive experience handling complex product liability cases, including those involving defective automobiles, appliances, and medical devices. With offices in Naperville and St. Charles, our award-winning Illinois product liability attorneys are here to guide you through every step of the legal process and ensure that your claim is built on a strong foundation.

Contact us today for a free consultation. Let us help you preserve your evidence and pursue the compensation you deserve.