Critical Steps to Take If Injured by a Defective Product
When you buy a product, you expect it to work. If it fails, the worse you might expect to happen is that a piece breaks off, or it just doesn’t do what the manufacturer promises it will do. You don’t expect your headlamp to set your house on fire or your curling iron to electrocute you. But these are just the kinds of devastating things that can happen when a product fails.
If you are injured by a defective product, it is important that you take the right steps to protect your legal rights and to get the compensation you deserve. Here’s what you need to do:
Get Medical Care
When you are injured by a defective product, your first priority should be to get the medical care that you need. Leaving an injury untreated can lead to further complications. Take immediate steps to treat your injuries, then go to a doctor or the emergency room to get professional care. You need to take care of your health, while also documenting the extent of your injuries from the defective product.
Document Everything and Preserve Evidence
Medical records will be key in documenting your injuries, which is essential to your claim. Additionally, you will need to show that the defective product was the cause of your injuries if you are going to have any recourse. Try to preserve the product as best as you can. Don’t discard anything. Take photos of the product, your injuries, and any damage to the area where the incident occurred. Write down the details of what happened, including the time, date, and location. Gather receipts or warranty/registration information for the product. Finally, check the Consumer Product Safety Commission recall list for any recalls.
The more documentation you can gather, the stronger your case will be.
Seek Legal Advice
Contact a personal injury attorney as soon as you can after your injury. A good injury attorney will advise you of your rights and help you understand what to expect so that you don’t take any actions that could jeopardize your case. Your attorney can help you act quickly so that you can increase your chances of success. Your attorney will also help you to gather the appropriate evidence, records, and other documentation to prove your damages.
Figure Out What Kind of Case You Have
Your attorney will help you identify what kind of case you have to determine on what grounds you will sue. The three most common types of defective product cases involve products that have manufacturing defects, design defects, or inadequate warnings. A product with a manufacturing defect results when an error occurs during the manufacturing process, which causes the product to deviate from its original design. A product with a design defect occurs when there is a flaw in the original design making the item unsafe for consumers. Finally, a company must provide adequate warnings on a product so that users can exercise appropriate caution. A manufacturer that fails to adequately warn may be held liable if a consumer suffers an injury as a result of using its product.
Identify Negligent Parties
In your product liability case, it will be extremely important to identify each party responsible in the chain of distribution. Any company, whether it’s the manufacturer, wholesaler or distributor, who had any part in the product’s design or sale may be liable for your injuries. Your personal injury attorney will help you to identify all parties involved as some may be more liable for your injuries than others.
Calculate Your Damages
Your personal injury attorney will help you determine the appropriate amount of damages. You can receive compensation for the medical bills incurred, future medical care, pain and suffering, and mental and emotional distress. If you had to miss work because of your injury or your ability to work has been diminished, you can also receive compensation for that.
Your attorney will help you understand what you can expect and will then work with you to devise the right legal strategy to get what you deserve.
You shouldn’t have to worry about being injured by any product that you buy. If you are injured by a product that has a design or manufacturing defect or that did not come with adequate warnings, you may be able to sue the manufacturer, wholesaler, and/or distributor for the damages you have suffered.
Contact Chris Jones Law if you believe you have been injured as a result of a defective product. Chris Jones is an experienced personal injury attorney who has represented many clients just like you who were injured as a result of a defective product. Chris Jones is a compassionate attorney who fights with integrity to get results. Call our personal injury law firm today to schedule a free consultation and learn more about your options.