3 Things to Do If Injured by a Defective Product
One minute, you’re using a product you’re sure is safe. The next, something goes terribly wrong: an accident occurs, and you’re injured. If this unfortunate event should ever happen to you, it’s important to know how to react. Here are 3 things to do if you’re injured by a defective product.
Keep reading to learn more!
Watch out for Defective Products
Just about any product can be defective. Consider the faulty Toyota accelerators that caused car crashes, the Samsung phone batteries that spontaneously caught fire, and the talc from Johnson & Johnson that contained cancer-causing asbestos.
Product manufacturers are legally obligated to make sure their products are safe; however, design defects, problems in the manufacturing process, or deceitful marketing can cause dangerous products to end up in consumer hands.
Defective products are a big problem. Every year, the harm caused by defective products costs the U.S. economy $1 trillion!
Of course, it isn’t just the economy that suffers when products have defects. The people who are injured when a product malfunctions suffer the most.
Defective product accidents can cause serious injury or illness, requiring extensive (and expensive) medical treatment and lost wages from work—not to mention the incalculable cost of emotional distress.
You can try to avoid a product injury by checking for product recalls, reading all product warning labels carefully, and using products as intended. However, even the most careful person can be harmed by a dangerous product.
What should you do if you’re injured by a defective product?
3 Things to Do If Injured by a Defective Product
If you’re injured while using a product and suspect a defect is to blame, there are three important things to do: seek medical attention, save the evidence, and talk to an attorney.
Seek Medical Attention
First and foremost, it’s important to seek medical attention immediately.
Don’t wait to get treatment in the hopes that the symptoms will resolve by themselves. This could delay your recovery and negatively impact your health down the road.
In addition, your treatment is part of your medical records. If you decide to file a product liability claim, this becomes important evidence for your case.
Save the Evidence
Keep the defective product, if possible, and store it in a safe place. Don’t tamper with it in any way.
Also keep anything related to the product. This includes the receipt (or other proof of purchase) from the store where you bought the product, instruction manuals for the product, or any other documentation you have. If you still have the original packaging, keep that as well.
The product itself, along with any documentation you have, can be valuable evidence in your claim.
In addition, it’s important to document the experience. As soon as you can, write down everything you remember about the product and the resulting accident and injuries. This includes things like:
When and how the product was sold to you
How much the product cost
How you were using the product at the time of the accident
If you had been warned about any dangers when using the product
How the product failed or malfunctioned
What happened to injure you
It’s also a good idea to take photos or video of any injuries that the defective product caused.
If you file a product liability claim, this documentation—along with your medical records—can help prove that you were injured and the product was the cause.
Talk to an Attorney
Product liability claims are complex: multiple different parties can be responsible, including the manufacturer of the parts, the manufacturer of the end product, the distributor, and the retail store selling the product. In addition, it can be difficult to prove product liability claims, making legal representation especially valuable.
If you suspect a defective product caused your injuries, consider talking to an attorney.
An experienced and knowledgeable attorney can help you understand your options after taking a look at your case. They’ll help you determine if you have a product liability claim and who is at fault for your injuries.
Call Us Today
When you’ve been injured after using a defective or dangerous product, we can help.
If you have questions, we’re here to answer them. Call us today to talk to an experienced personal injury lawyer about your case.
Important Questions to Ask Your Personal Injury Attorney
When you’ve been injured and want to file a personal injury claim, having the right attorney is important. A good attorney can increase your odds of success.
How can you make sure you choose a personal injury lawyer that’s right for you? By asking questions!
Today, we’re listing the top 10 most important questions to ask any prospective lawyer, before you hire them. Keep reading to learn what to ask your personal injury lawyer.
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Keep reading to learn everything you need to know about auto accident negligence.
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Let’s talk about dog bites, including what you should do, whether you’re liable, and more.
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This is known as an “intentional tort.”
Keep reading to learn more about intentional torts, including what they are, common examples of this type of tort, and what is needed to prove your case.
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As parents ourselves, the attorneys at Casper & Casper want to help, so we’re offering some tips on how to avoid a car accident.
Before you let your teen get behind the wheel, here’s what you should know about teen driving safety.
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Like many questions involving workers’ comp law, the answer is complicated. Let’s break it down.
Keep reading to learn how quitting your job while on workers’ comp could affect your benefits.
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In Ohio, winter driving can be deadly. One study done using data from the National Highway Traffic Safety Administration found that Ohio is actually the worst state in the nation for fatal winter car accidents!
Today, we’re tackling this topic to help you avoid the worst. Keep reading to learn everything you need to know about driving in snow and how to prevent an accident.
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Workers’ compensation seems simple on the surface: you receive benefits from workers’ compensation after a work-related injury (instead of having to sue your employer or use your own health care).
However, there are many exceptions, exemptions, and irregularities to workers’ compensation law—making it confusing to the average worker. How do you know if your injury is covered or not?
We’ve written quite a few blog posts explaining workers’ compensation—including how it works for volunteers, interns, freelance workers, remote workers, and more.
Today, we’re tackling another important workers’ comp issue: are business trip injuries covered by workers’ compensation?