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Evidence in Product Liability Cases

Attorneys Assisting Injured Consumers in Cape Cod

If a person suffers injuries while using a defective product his or her first inclination may be to get rid of the product. The strength of your case in a product liability action depends on the evidence you can produce to prove the product was defective, however. Thus, if you were injured by a defective product and wish to seek damages from the product manufacturer and distributors, it is vital to keep not only the defective product but also any other evidence that may support your claim. At the Law Offices of John C. Manoog, III, our Cape Cod product liability lawyers are adept at handling cases involving dangerous products, and collectively have over 150 years of experience. We will help you in gathering and preserving any evidence you may have that proves a product that caused you injury was defective. Our skill in navigating the complexities of product liability and other injury claims has allowed us to recover numerous multimillion-dollar settlements and verdicts for the parties we represent.

Theories of Liability Related to Dangerous Products

In Massachusetts, if a defective product injures a person, multiple parties may be held liable, including the entities that designed, manufactured, marketed, and distributed the product. Additionally, there are several theories under which the responsible parties may be held liable, and usually, more than one theory of liability is asserted in a lawsuit seeking compensation for injuries caused by a defective product. For example, a products liability claim will usually allege the responsible parties were negligent in the design or manufacture of the product and created an unreasonably dangerous product. It is also commonly asserted that the manufacturer of the product breached the warranty, that the product was unfit for its ordinary purpose. In some cases, the injured party will allege the defendants failed to warn of the foreseeable risks of harm for using a product. If a defective product harmed you, a skilled product liability attorney can assist you in determining the parties responsible for your injury and the theories of liability.

Evidence in Product Liability Cases

Regardless of the theory of liability asserted, it is crucial to preserve the defective product or any part of the defective product that remains after the accident that caused you harm. Showing the actual product that caused you harm rather than an example of the product is essential to proving the product was designed or manufactured in an unsafe manner. Additionally, it is critical to show that the product was not altered from the original condition in which it was sold, and it can be challenging to do so without the product. Evidence in product liability cases of any warnings on the product or any literature that accompanied the product is critical for proving that the entities that made and sold the product failed to adequately warn of any risks associated with typical use of the product as well.

In addition to any evidence you possess regarding the defective product, it is important to obtain any evidence you can from the manufacturers and distributors. To that end, your attorney will seek documents via discovery regarding the manufacturing of the product, any safety testing the product underwent before being sold, and information regarding the parties that designed the product and whether other designs were considered.

In almost all product liability cases you will need an expert to provide an opinion regarding the manner in which the product was defective. Additionally, you will likely need a medical expert to testify that the product caused your injuries.


If you were injured by a defective product, it is important for you to place any party associated with making or selling the product on notice of a potential claim as soon as possible, in hopes of preserving any evidence you may need. If the party fails to preserve evidence in a product liability or other case despite receiving notification of a potential claim, it could adversely affect the party in litigation. Under Massachusetts law, the doctrine of spoliation allows the court to impose sanctions on any party that negligently or intentionally destroys evidence when the party knows the evidence could help resolve a product liability dispute.

Meet with a Cape Cod Lawyer Experienced in Handling Product Liability Cases

Product liability cases can be more complicated and involved than many other civil lawsuits. The products liability attorneys of the Law Offices of John C. Manoog, III, have the skills to help you seek compensation from the entities that made and sold the defective product that caused you harm. We will assertively advocate on your behalf to help you try to recover the full amount of damages you may be owed for your harm. Our aggressive representation has afforded us a record of successful outcomes, including many verdicts above one million dollars. We assist injured parties in Cape Cod and are available for consultations in Plymouth and Hyannis. We can be reached at 888.262.6664 or through the online form to set up a meeting. Nós Falamos Português.

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