What to Do If You Get Hurt Using a Defective Product

injured man in doctors

Manufacturers and retailers have a legal duty to build and deliver products that are safe for consumer use. Unfortunately, there are cases when defective goods are released and sold to the public.

A damaged or poorly designed product can cause life-threatening injuries and costly medical bills. Consumers who are harmed by a defective product may be eligible to seek compensation by filing a product liability lawsuit.

What is product liability?

Product liability is the legal responsibility of retailers, manufacturers, wholesalers, and distributors for any damage their goods may cause. Product liability cases may involve unsafe food, toys, appliances, automobiles, medical devices, prescription medications, and many other products.

If you and countless others been harmed by a defective product, you may seek compensation by filing a class action lawsuit. This type of lawsuit is ideal for multiple people who have sustained similar injuries due to the negligence or error of the defendant.

Before pursuing your case, it’s important to know the three types of defective products:

Defectively manufactured products

This type of defect arises from the manufacturing process and affects only a few products in a line. ;

Design defects

In design defects, a product is inherently dangerous due to its design alone. Problems in the core design may cause the device to fail and result to injuries.

Warning and/or labeling defects

Some products like medication and cleaning agents carry some sort of inherent danger or toxic side effects. As such, it’s the manufacturer’s job to warn the market of these dangers. Failure to do so can lead to liability. ;

Negotiating a personal injury claim

Injured employee visiting lawyer for advice on insurance

Here are steps you need to take if you’ve been injured by a defective product:

Seek immediate medical care

As with any injury, the first step is to visit a doctor or an emergency room as soon as possible. Medical treatment should not be delayed as this would cause your injuries to worsen. At the same time, postponing medical attention could be used to dispute your claims. ;

Collect evidence

The more evidence you can gather, the more chances you’ll have of winning your case. Medical records like x-rays, bills, doctor’s prescriptions, and photos of your injuries can support your claim. Make multiple copies of these documents and keep the original ones safe. ;

Make sure to store the defective item somewhere safe, and take care not to tamper with it in any way. Take as many photos of the product as you can and when necessary, the scene where the incident happened. Other items that the product came with including boxes, wrappings, receipts, and instruction manuals can also be useful in court.

Lawyer up

Product liability cases can be complicated. They may involve multiple lawyers and plaintiffs with different claims and damages. It is essential to consult with an attorney who understands the ins and outs of product liability law. A lawyer can help with class action mediation and ensure you get the compensation you deserve.

Product liability claims can get expensive for the defendant and may tarnish their brand image. This is why large enterprises may employ different ways to avoid payouts or deny their involvement in such incidents. Challenging large enterprises in court may seem daunting, but with courage, ample evidence and a trusted lawyer by your side, you’ll have more chances of attaining justice.

About Sarah Bennett 416 Articles
Sarah is a highly experienced legal advisor and freelance writer. She specializes in assisting tech companies with the complexities of the law and providing useful information to the public through her writing.