by Michael Hallee

Personal InjuryMay 21, 20230 comments

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.