When a product injures you, medical care and recovery come first. However, if the product may have been defective, what you do with the item afterward can also matter. Throwing it away, repairing it or returning it to a store or manufacturer can make it harder to understand what went wrong.
In Georgia, a product liability claim may involve the manufacturer and, depending on the facts, other businesses connected to the product’s design, sale or distribution. These claims often require evidence showing that the product had a defect and that the defect contributed to the injury. The product itself may be one of the most important pieces of evidence.
Why the product itself matters
A defective product can show details that photos, receipts or written descriptions may not fully capture. For example, an inspection may reveal whether a part broke, a guard failed, wiring overheated, packaging was unclear or a component did not work as intended.
If the item is lost, changed or destroyed after a claim becomes reasonably foreseeable, the issue may raise concerns about spoliation of evidence. In Georgia, courts may consider sanctions when important evidence is not preserved. The outcome depends on the facts, including why the evidence was lost, how important it was and whether the loss prejudiced the other side.
Possible consequences may include limits on what evidence can be used or instructions allowing a jury to consider the missing evidence.
Steps to help preserve the product
After an injury involving a potentially defective product, these steps may help protect important evidence:
- Do not throw away, repair or alter the item: Keep it in the same condition it was in after the incident.
- Do not return it to the seller or manufacturer: Returning the product may make it harder to inspect later.
- Save related materials: Keep packaging, warnings, instructions, labels, receipts, warranty papers and repair records.
- Document what happened: Take photos or videos of the product, the injury, the location and any visible damage.
- Store the item safely: Place it somewhere secure where nobody can move, damage or handle it unnecessarily.
- Write down key details: Note when and where the injury happened and how you were using the product.
A defective product can tell an important part of the story after an injury. Keeping it unchanged, along with its packaging and related documents, can help preserve details that may otherwise be difficult to prove later.