It is important to keep the product in a safe place, where the condition will not change from the time of the injury. This often adds significantly to the cost of handling the case. However, without the product itself, it is often impossible to prove the defect existed.
Products liability cases are hard to prove. To win, the injured party or Plaintiff must prove:
1. The Product was defective at the time it left the control of the Defendant
2. The Defect was a cause of the damages and injuries sustained by the injured person