What To Do If You Are Hurt by a Defective Product

Common consumer products can carry hidden dangers. Defective products can break, start fires, or explode, causing serious injuries. When a malfunctioning product causes injuries, the victim can file a product liability claim. A product liability case can help you get compensation for your injuries.

Product liability lawsuits differ depending on where you live. For legal advice about what to do if you get hurt by a defective product, talk to a local product liability lawyer.

Types of Product Defect Injuries

Any type of consumer product can cause injuries when its use has hidden defects and risks. Product defect accidents involve anything from a child’s toy to a brand-new truck. Defects involve problems with the product that the consumer doesn’t expect or foresee. For example, a common consumer would not expect an electric scooter to catch fire after plugging it in for a charge.

Common types of defective product injuries include:

• Fire hazards from defective heaters
• Choking hazards from small toys
• Toxic chemicals on children’s toys
• Burn injuries from defective appliances
• Car accidents from defective brakes
• Contaminated dangerous drug injuries

Immediate Steps To Take After Injury

You need to take care of your health and safety after an accident. Seek medical attention for any injuries caused by a defective product accident. Even if you don’t think the injuries are that severe, you should consult a doctor. Head, neck, and back injuries can develop over time. Getting early treatment can help you avoid permanent damage.

Going to the doctor can also help establish your medical record if you file a product liability claim. Medical treatment shows that you acted and tried to reduce the impact of your injuries.

Preserving Evidence of the Defective Product

Keep any evidence of the defective product and accident. Evidence can help prove your case and help you get compensation for your injuries. Try to keep any packaging materials, proof of purchase, and the original product.

Take photos of the accident scene, defective product, and any injuries. If there are witnesses, get their contact information so they can testify about what happened. Write down what happened when it’s fresh in your mind. Details and memory can fade over time.

Keep a record of your expenses and costs after the accident. If you need medical care, keep a copy of your medical bills. If you need car repairs, keep a record of your vehicle repair bills.

Reporting the Defective Product

Report the defective product accident to help others avoid a similar accident. There are different government agencies that regulate different types of products. You can report the accidents to the government agencies for an investigation. If the agency finds the product represents a safety hazard, it can issue a recall to get the dangerous product off the market.

Government agencies responsible for defective product reporting include:

• National Highway Traffic Safety Administration (NHTSA) for reporting defective vehicles
• Consumer Product Safety Commission (CPSC) for reporting defective consumer products
• Food and Drug Administration (FDA) for reporting defective drugs and medical devices

You can also report defective product injuries to your state consumer protection agency or attorney general.

Legal Options for Injured Consumers

You have legal options after injuries caused by defective products. You can hold the company responsible for causing your injuries and make them pay for damages. Filing a lawsuit against the careless company will also protect others from similar accidents. Common legal options for product defect injuries include:

• Product liability lawsuit
• Class-action lawsuits
• Wrongful death claims for fatal accidents
• Breach of warranty claims

These are all types of personal injury claims. A personal injury lawsuit gives the injury victim and their families the right to take legal action. Personal injury cases are civil lawsuits where the primary remedy is financial compensation. While money may not be enough to reverse the damage, it’s the best option to compensate you for your injuries.

Liability for Product Defect Injuries

The most common legal option is to file a product liability claim. Product manufacturers have strict liability for injuries caused by dangerous products. Under product liability laws, you can file a claim against any party involved in putting the product out for sale. This includes the manufacturer, distributor, or retailer.

You don’t have to prove the company was negligent for causing your injuries. The company is liable if it puts an unreasonably dangerous product on the market. There are three main types of defective product liability claims:

• Manufacturing defects
• Design defects
• Warning defects

Manufacturing Defects

Manufacturing defects involve problems during the manufacturing process. Manufacturing defects could include using inferior materials or not following sterilization procedures. For example, using cheaper materials for children’s clothing could pose a toxic exposure risk.

Design Defects

A defective design is inherently dangerous, even when made according to the design. For example, a top-heavy dresser that is not secured to the wall could create a tipping hazard for children. This could be a defective product design if there is a reasonably safer alternative.

Failure To Warn

Products with unknown dangers should carry a warning label. If the manufacturer doesn’t warn consumers about hidden risks, it could be a defective product. For example, you may not know spray string for birthday parties could catch on fire around birthday candles. If there is a serious risk of injury, the manufacturer needs to warn you.

Filing a Personal Injury Claim

You have a limited time to file a personal injury claim against the manufacturer. The statute of limitations puts a time limit on how long you have to file a product defect claim. The time limit differs depending on state law. If you file your claim too late, the court will dismiss the case.

Contact a personal injury lawyer as soon as you know about a defective product injury. Your lawyer will file your case in time to protect your legal rights.

Joining a Class-Action Lawsuit

A class-action lawsuit combines multiple plaintiff claims into a larger group lawsuit. For a class-action lawsuit, the injury victims need to be in similar positions, with similar claims and damages. These lawsuits can be helpful when any one claim is not worth much in damages. Combining the lawsuits can put extra pressure on the manufacturer.

Joining a class-action case has benefits and drawbacks. If you have a strong case, you may want to pursue your own claim. Talk to your lawyer about whether you can benefit from a class-action lawsuit.

Consulting a Product Liability Attorney

A product liability lawyer can review your defective product case and explain your legal options. They can help you understand how much you can get in compensation. Types of damages in a product defect claim can include medical expenses, lost income, pain and suffering, and punitive damages.

Your lawyer will also deal with the court and the insurance companies so you can focus on your family. For legal advice about your defective product claim, talk to a product liability lawyer.