Why is preserving the product so critical?

Because the product is the case. Without the actual product available for inspection and testing by both sides' experts, the plaintiff usually cannot prove a manufacturing defect, the defense often gets a spoliation-of-evidence instruction, and design-defect theories become much harder to support. The product is decisive, irreplaceable evidence.

Can I file a complaint with a federal agency?

Yes, and you should. The CPSC accepts reports of unsafe consumer products at SaferProducts.gov; NHTSA accepts vehicle defect reports; the FDA accepts drug and device adverse-event reports through MedWatch. Filing creates a public record and contributes to potential recall actions. Do this in parallel with your civil claim, not in place of it.

What if the product was destroyed in the incident?

Preserve everything that remains. Burned or destroyed product parts still permit expert analysis. Photographs taken before the incident (purchase, packaging) are valuable. Photographs of the post-incident product from multiple angles, with measurements, are critical. The case can still succeed but is harder.

Guide

What to do after being injured by a defective product.

Product cases live on the product itself. Throwing it away, returning it to the store, or letting the manufacturer pick it up for inspection without your expert present can end the case before it begins.

Immediately

Get medical care. Document the injury and its cause as told to the provider.
Preserve the product. Do not throw it away, return it, or let anyone take it. Store in a secure location, photographed.
Preserve the packaging, instructions, warranty card, receipt, and any inserts. The packaging often shows model and lot numbers critical to identifying which units are involved.
Photograph the product from every angle with a reference object for scale. Include serial numbers, model numbers, and any labeling.
If a fire or explosion, secure the scene; do not clean up before a fire investigator and your expert can examine.

Within 7 days

File a report with the relevant federal agency. SaferProducts.gov (CPSC), NHTSA recalls (vehicles), FDA MedWatch (drugs and devices). Reports become public records and feed recall analysis.
Search for existing recalls or safety alerts on the product. CPSC.gov, NHTSA.gov, and FDA.gov are searchable.
Search for other lawsuits or MDLs involving the same product. PACER and public MDL summaries are starting points.
Document witnesses to the incident.
Consult a product liability lawyer before any contact with the manufacturer.

Within 30 days

Engage a forensic engineer or other expert to inspect the product. Have them document chain of custody.
Send preservation-of-evidence letters to the manufacturer, retailer, and any other potential defendants.
Pull regulatory history: CPSC complaint records, FDA inspection reports, NHTSA investigations.
Check the statute of limitations and statute of repose for your state.

What not to do

Do not return the product to the store. Returns destroy chain of custody and often destroy the product itself.
Do not authorize the manufacturer to inspect the product without your expert present and a written joint protocol.
Do not sign a release or accept replacement product.
Do not post about the product on social media — defense will subpoena.
Do not discard the packaging, instructions, or receipt.

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Frequently asked questions

Sources

[1]Report an Unsafe Product — U.S. Consumer Product Safety Commission
[2]Vehicle Safety Complaint Database — U.S. National Highway Traffic Safety Administration
[3]MedWatch: FDA Safety Information and Adverse Event Reporting — U.S. Food and Drug Administration