What happens next
- Photograph identifying labels and the product as found. If it can be kept safely, leave it intact and record who has custody.
- Trace the sale, assembly, repairs, model and lot. Compare instructions and warnings with the use involved in the injury.
- Counsel can determine what expert testing is appropriate, arrange a documented inspection and evaluate the manufacturer’s and seller’s respective roles.
Timing and deadlines
Texas has a separate product-liability cutoff generally measured 15 years from the defendant’s sale, with statutory exceptions. Other periods, including injury filing deadlines, may expire much sooner. Bring both the sale and injury dates.
Costs and payment
Storage, engineering review and controlled testing can be significant expenses. Ask when each is necessary, who approves it and how it would be paid.
How to prepare
- Keep the receipt, packaging, serial number, manuals, online listing and recall correspondence.
- List owners, repairs, replacement parts and anyone who saw the item in use.
- Bring photos showing the area around the item and the injury it caused.
Questions and answers
Should I mail the item back for a refund?
Before transferring the only item available for inspection, keep the return request and ask counsel about safe storage and a documented inspection. If it is hazardous, follow safety instructions and do not operate it again.
Does a recall establish my case?
A recall may identify models or a known issue. Counsel still needs to match the item and defect to your injury and assess the evidence required for the specific claim.
I cannot find my receipt. Can the product still be identified?
Photograph the model, serial or lot number, packaging and any warning labels. Bank records, warranty registrations or order histories may identify the seller and purchase date. Keep the product intact and tell counsel exactly how it came into your possession.
What if the product was repaired or used by someone else first?
Record when it was acquired, who serviced it and what parts were changed. Save photos from before and after repairs and identify anyone who observed the failure. Those details help an expert distinguish an original condition from later changes.
Should I turn it on again to film the problem?
Leave it as you found it if it can be stored safely. Avoid repeating an incident that could hurt someone or alter evidence. Save existing photos and videos, and ask for instructions on safe inspection, especially for damaged batteries or electrical equipment.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.