Top Ten Questions to Ask a Product Defect Accident Witness

Product Defect accidents in California

You get hurt by a defective product, whether it’s a malfunctioning appliance, a bad car part, a dangerous toy, a dangerous drug, or a toxic chemical, testimony from a witness can be a key piece of evidence.

In product liability lawsuits, manufacturers and their insurers frequently put up a vigorous fight to avoid admitting responsibility, shift blame, or water down the severity of your injuries. An impartial witness can offer the unbiased, on-the-spot testimony that can make the difference when proving damages and fighting to receive the highest financial damages you can following an accident.

At Beverly Hills Injury Firm, we have assisted numerous clients in going up against corporate giants after they have suffered damages due to defective products. Your greatest chance of success is strong documentation — and especially from those who witnessed it. Here are the Top 10 Questions to Ask a Product Defect Accident Witness to ensure that your case is as strong as possible.

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#2. Where were you and what was your perspective when the incident occurred?

Physical location of a witness at the time of the incident is relevant to their credibility and observation ⁄ view capacity. Were they standing nearby? In the same room? Were they in direct view? This helps your lawyer determine how strong their testimony will be in settlement negotiations or in court.

#3. Did You Watch a Device in Action?

Indeed, manufacturers frequently say that the user was misusing the product. The fact that you have a witness who can testify that you were using the product as you were instructed or intended negates that issue and bolsters your case.

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#4. Had You Seen Any Warning Signs or Problems Earlier, Before the Product Failed?

Inquire with the witness if they noticed anything unusual prior to the incident, leaking fluid, wire and component conditions, overheating, odors, etc. These warning signs can be due to a defect that the manufacturer knew about and didn’t fix.

#5. Did You Witness or Hear the Moment the Product Malfunctioned or the Injury Occurred?

Whether it’s an explosion or a collapse or an electric shock or sudden breakage, having someone we know heard or saw the failure actually happen in real time is impactful. This is helpful in establishing that the product caused your injuries (and not tampering or misuse).

#6. What occurred right after the incident

Inquire as to what the witness saw immediately after the accident burns, abrasions, bleeding, unconsciousness, confusion or a need for medical attention. Their recollection of the situation corroborates your injury and pain and suffering damages.

#7.Did Any of the Following Persons Make a Statement to You?

If this happened in a business, such as a store or factory, staff and managers, or other witnesses may have heard employees or managers admit the defect and say sorry or mention the product has had trouble in the past. These other fall highlights can be important to your case.

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#8.Did You Witness This Product Funtioning at Any Time Previously?

Previous experience with the product or brand by some witnesses may be present. If they are aware of others who had the same problem, this could show a pattern of negligence or a defect that affects many people, particularly useful in cases that might merit class action lawsuits or punitive damages.

#9. Did you speak with police, safety inspectors, or emergency personnel?

If authorities or first responders were called, ask if the witness gave a formal statement. Your attorney can obtain those reports to compare what your witness said to official documentation and strengthen your case.

#10. Can I get your full name and contact information?

Without this information, your legal team won’t be able to get a formal statement. Secure this data, keep it safe, and share it with your attorney as soon as you can.

Navigating the Legal Process

Why witness testimony matters in product defect cases

Product liability cases often boil down to proving the product was defective and that defect caused your injuries. That’s a difficult case to make, manufacturers have teams of attorneys ready to argue the product was being used improperly, that your injuries are exaggerated, or that you’ve doctored the product to see compensation. A third-party witness can:

Confirm the product was being used correctly

Verify this occurred at the time of the malfunction

Support your injury claims and emotional distress

Share their knowledge of the company’s prior similar issues or corporate awareness of the defect

Back your statement against a company that’s been denying your claims or blames you.

The more reliable and independent your witness is, and the more specifics they can provide, the more ammunition your legal team has for securing a fair and full settlement. Prepare for your legal consultation If you’ve been injured by a defective product, make sure you’re safe and find as much as you can — photos of the product and any documents you can find, especially the contact information of anyone that witnessed the event. By bringing this to your consultation, you’ll be giving your attorney the information they need to start your claim-building right away:

We stand up to manufacturers and their insurance companies at Beverly Hills Injury Firm to ensure you receive the maximum compensation you deserve. Strong witness testimony is one of the best methods for holding negligent companies accountable, and we will use every piece of it to fight for your rights.

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Note: This guide is for informational purposes only and does not constitute legal advice.

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Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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