Do A Plaintiff Have To Produce "Physical Items" Of Which Actually Caused An Injury To A Defendant If Defendant Requests it?

Question

Do A Plaintiff Have To Produce "Physical Items" Of Which Actually Caused An Injury To A Defendant If Defendant Requests it?

Anonymous Jul 31, 2015 9 views 7 answers

Personal injury suit. Plaintiff stepped on a piece of construction debris containing a nail. After having the nail/debris surgically removed at hospital, Plaintiff retained the debris/nail in his possession. In the lawsuit, Defendant has sent Plaintiff a production request asking for the Plaintiff to produce to them the actual debris/nail of which was surgically removed. Does Plaintiff have to turn this over to the Defendant (which Plaintiff is reluctant to do). Can't the Plaintiff simply demand a joint inspection if the Defendant's wish to see the item? Could the item be produced to the Judge's chambers for joint inspection. It would appear to be a bad idea for Plaintiff to simply handover such an item for Defendant's to potentially lose and/or tamper with prior to a trial.

Joseph Brabender · Accepted Answer · 2026-06-15T15:37:23+00:00

The short answer is that a request to produce is a request to produce for inspection. Thus the other party has a right to inspect it, not keep possession of it. The longer answer is: I hope you aren't trying to litigate an injury case without a lawyer. You are fighting against professionals and are not one. Things will go very badly. If you do have a lawyer, you should be asking that lawyer, not asking on an online forum. If you do not have one, hire one.

Eric Soule · Accepted Answer · 2026-06-15T15:37:23+00:00

As noted, a request to produce generally means they have a right to inspect; not to keep the evidence in their possession or control. Also, as noted, I recommend hiring an attorney if you have not done so already. The litigation process is extremely complex. Many lawyers offer free consultations.

Adam A StudnickiPersonal Injury LawyerScottsdale, AZ · Accepted Answer · 2026-06-15T15:37:23+00:00

Adam A StudnickiPersonal Injury LawyerScottsdale, AZ

Adam A StudnickiPersonal Injury LawyerScottsdale, AZ · Jun 15, 2026

Let your lawyer to handle this request.

0 upvotes

tephen Laurence HoffmanPersonal Injury LawyerChicago, IL · Accepted Answer · 2026-06-15T15:37:23+00:00

I would suggest bringing a motion that proposes that the nail be made available for joint inspection as you suggest. Failure to comply with discovery without filing an objection or motion will result in sanctions.

Andrew Stephen KryderPersonal Injury LawyerChicago, ILIL licensed · Accepted Answer · 2026-06-15T15:37:23+00:00

Andrew Stephen KryderPersonal Injury LawyerChicago, ILIL licensed

Andrew Stephen KryderPersonal Injury LawyerChicago, ILIL licensed · Jun 15, 2026

In my opinion you only need to present the debris for inspection.

0 upvotes

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA · Accepted Answer · 2026-06-15T15:37:23+00:00

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA · Jun 15, 2026

You don't have to give it to them, but they can inspect it.

0 upvotes

Matthew Friedman · Accepted Answer · 2026-06-15T15:37:23+00:00

Matthew Friedman

Matthew Friedman · Jun 15, 2026

In your example, usually the requesting party is only entitled to an inspection.

0 upvotes

Do A Plaintiff Have To Produce "Physical Items" Of Which Actually Caused An Injury To A Defendant If Defendant Requests it?

Attorney Answers

Browse by Practice Area

Browse by State