What To Do if You’ve Been Injured by a Defective Product
We, as consumers, rely on the brands and products we use daily to function properly. However, sometimes those items malfunction and you get hurt. If you or a loved one have been injured by a defective product, you may be entitled to compensation. When this happens, it is important to know the specifics of product liability, the types of defective products cases and how a product liability lawyer can help.
What is Product Liability?
Every year thousands of people are injured by defective products. Products are required to meet the ordinary expectations of a consumer. However, a product that has an unexpected defect or causes harm to the user is not within those ordinary expectations. Product liability refers to the responsibility held by the manufacturer or retailer to provide quality, functioning goods to the consumer. With that, those sellers and manufacturers are held liable for placing a defective product into the hands of a buyer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.
Because of this, there is what is known as the Product Liability Law. This law provides the victims of dangerous products with legal recourse in the event of any injuries. It is vital to note that there is no federal product liability law. Typically, these laws are based on state laws, and stem from negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.
How to Determine If a Product is Defective?
We often hear of product recalls for vehicles, toys, electronics and countless other items that may pose a danger to the public.
Design Defects: These defects are caused by problems with the way the product was designed. In cases involving a design defect you must be able to prove that there was another way to design the product that would have prevented the defect.
Manufacturing Defects: This is the most common and obvious category of defective products. It includes all items that contain inherent physical or chemical mistakes. These defective products are typically isolated, meaning not every item in that line would be considered a malfunction.
Marketing Defects: Manufacturers and retailers have a responsibility to warn consumers of the potential dangers of a product that are not obvious to a reasonable person. This includes warnings for age restrictions like a game with small pieces that could cause a baby to choke.
If a product has one of these three types of defects, then you may be entitled to financial compensation from a product liability case.
Steps to Take After the Injury
There are a few steps that you should take after suffering from an injury caused by a potentially defective product.
- If you are able after the injury, take photographs of the accident location and the product that caused the accident.
- Seek medical attention for the injury; a record of the injury is of the utmost importance. You should also compile evidence of the incident and seek help in identifying the type of defective product that was the cause of your injury.
- Write down your account of the situation as soon as possible to avoid forgetting any important details. You should include the actions that preceded the incident in these notes to ensure that the defense cannot claim that your actions are the cause of the product malfunction.
- Get the contact information of any potential witnesses.
- Do not communicate the incident on social media or share your experience publicly as any words you write could be used by the opposition against you in court.
There are also some steps that you should take in order to safeguard your rights. If at all possible, you should keep the product as evidence. Having the actual item can be crucial in a product liability case.
Getting Help with Your Defective Product Claim
Identifying all the parties involved in the chain of distribution of a defective product can be deceptively complex. With the uncertainty in product liability law, it is imperative that you follow these tips to ensure that your right to pursue a claim is protected. Depending on your case, you may wish to retain the services of a lawyer who specializes in products liability. A good personal injury attorney can help with cases involving injuries caused by defective or malfunctioning products.
If you have been hurt by a defective product and need help with the next steps to protect your right to pursue a claim, the attorneys at Avera & Smith are here to listen. Give us a call, or schedule a free consultation.