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Evidence Guide
Defective Product Evidence | Attorney Raffi Naljian
When a defective product causes injury, preserving the product itself is the most critical piece of evidence. Attorney Raffi Naljian explains what documentation supports product liability claims in California. Acting quickly to preserve the product and its packaging can make or break your case.
Injured by a defective product?
Raffi Naljian
California Personal Injury, Litigation & Criminal Defense Attorney
Raffi Garabed Naljian is an active California attorney listed under State Bar #238919. The State Bar profile lists personal injury, litigation, criminal law, and business law among his self-reported practice areas, and Naljian Law Offices describes a Glendale practice handling criminal defense and civil litigation, including personal injury matters.
View Full ProfileIs This the Right Attorney for Your Case?
Product liability cases require proving the product was defective in design, manufacturing, or lacked adequate warnings. Raffi Naljian understands the evidence needed for these complex cases and can help identify all responsible parties in the chain of distribution. Also searched as: Rafi Nanaljian, Raffi Nalian, Rafi Naljian.
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What to Do Next
- 1PRESERVE THE PRODUCT—do not throw it away or alter it
- 2Keep all packaging, instructions, and receipts
- 3Document the defect with photos and video
- 4Seek medical attention and document injuries
- 5Write down exactly how the injury occurred
- 6Identify where and when you purchased the product
- 7Do not attempt to fix or modify the product
- 8Consult an attorney before contacting the manufacturer
Evidence Checklist
- The defective product itself (unaltered)
- All original packaging and labels
- Instructions and warning materials
- Purchase receipt or proof of purchase
- Photos/video of the defect
- Photos of injuries caused
- Medical records documenting injuries
- Written account of how injury occurred
- Contact info for any witnesses
- Similar complaints about the product (online research)
The product itself is your most important evidence.
Common Mistakes to Avoid
- Throwing away or returning the defective product
- Attempting to repair or alter the product
- Not keeping packaging and instructions
- Delaying medical treatment
- Giving the product to the manufacturer
- Not documenting how the injury happened
- Missing the statute of limitations
How the Process Typically Works
1
Product Preservation
Secure product and all documentation
2
Expert Analysis
Have product examined by qualified experts
3
Chain of Distribution
Identify manufacturer, distributor, retailer
4
Claim Filing
Pursue claims against responsible parties
5
Discovery/Litigation
Obtain company records about defect knowledge
Damages You May Be Able to Recover
- •Medical expenses for injuries
- •Lost wages during recovery
- •Pain and suffering
- •Permanent injury compensation
- •Punitive damages if company knew of defect
- •Future medical care needs
Frequently Asked Questions
Why is preserving the product so important?
The product itself is the key evidence. Experts need to examine it to determine what made it defective. Without the product, proving your case becomes extremely difficult.
What if I already returned or discarded the product?
The case becomes more challenging but may not be impossible. Records, photos, and similar products may help, but always try to preserve the actual defective item.
Who can be held responsible for defective products?
Potentially the manufacturer, designer, distributor, and retailer. Product liability claims can proceed against any party in the chain of distribution.
Do I need to prove the company was negligent?
California has strict product liability—you may be able to recover even without proving negligence if the product was defective and caused your injury.
What types of defects support claims?
Design defects (product designed unsafely), manufacturing defects (error during production), and warning defects (inadequate instructions or warnings).
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