Steps to Take if You Were Injured by a Defective Product
Defective products cause thousands of injuries every year. From malfunctioning electronics and unsafe household appliances to recalled medications and faulty vehicle parts, dangerous products can lead to serious harm and financial hardship for consumers.
If you or a loved one has suffered an injury due to a defective product, you may have the right to seek compensation from the manufacturer, retailer, or another responsible party.
Understanding Product Liability Lawsuits
When you purchase a product, you expect it to be safe and reliable. Unfortunately, defective products cause thousands of injuries each year, often leading to serious medical complications, financial burdens, and emotional distress. Product liability lawsuits allow injured consumers to hold manufacturers, distributors, and retailers accountable when a product causes harm due to design defects, manufacturing errors, or inadequate warnings.
A product liability lawsuit is different from a typical personal injury claim because it focuses on the safety of the product itself rather than the actions of an individual. In these cases, the burden of proof falls on the injured party, meaning they must demonstrate that the product was defective and directly caused their injuries. This can be challenging, as manufacturers often have legal teams working to deny responsibility and protect their profits.
Defective product claims generally fall into three categories: design defects, manufacturing defects, and failure to warn. A design defect occurs when a product is inherently unsafe, even when manufactured correctly. A manufacturing defect happens when a product becomes dangerous due to an error in production. Failure to warn refers to cases where a company fails to provide proper safety instructions or warnings about potential risks.
These lawsuits not only help victims recover compensation for medical bills, lost wages, and pain and suffering, but they also play a crucial role in holding negligent companies accountable. If you have been injured by a defective product, understanding your legal options is the first step toward seeking justice and financial recovery. Taking immediate action can help protect your rights and ensure that dangerous products are removed from the market before they harm others.
Taking the right steps after an injury can help protect your health, preserve evidence, and strengthen your legal claim. Below, we’ll explain the key actions to take if you are injured by a defective product and how our experienced product liability attorneys can help you hold negligent companies accountable.
Seek Immediate Medical Attention
Your first priority after any injury should always be your health and safety. Even if your injuries appear minor at first, certain conditions can worsen over time. Internal injuries, nerve damage, and head trauma may not show immediate symptoms, making it essential to seek medical care as soon as possible.
A doctor’s evaluation does more than provide treatment—it also creates an official medical record of your injuries. Medical records play a crucial role in a product liability claim because they establish a clear link between the defective product and the harm it caused. If you delay treatment, the manufacturer or their insurance company may argue that your injuries were unrelated to the defective product, making it harder to recover compensation.
Seeking medical attention also helps determine the full extent of your injuries. Some injuries require long-term care, rehabilitation, or multiple surgeries. Having a doctor’s diagnosis and treatment plan will be important when pursuing damages for medical expenses, lost wages, and pain and suffering.
Preserve the Defective Product and Other Evidence
One of the most important steps in a product liability case is preserving the defective product itself. Many injured consumers make the mistake of throwing away or modifying the product after an accident, but this can weaken a legal claim. The product serves as crucial evidence in proving what went wrong and how it caused harm.
If possible, keep the product in the same condition it was in at the time of the accident. Do not attempt to fix it, and avoid making alterations that could affect the investigation. Storing it safely ensures that engineers or product safety experts can examine it for defects, faulty design, or manufacturing errors.
In addition to preserving the product, it’s also important to keep any original packaging, instruction manuals, or warning labels. These materials may help prove that the manufacturer failed to provide adequate safety warnings or instructions. Any receipts, purchase records, or warranty information should also be saved, as they can establish when and where the product was purchased and whether it was under recall at the time of sale.
Photographs and videos can also provide valuable evidence. Taking clear images of the defective product, the injuries sustained, and the accident scene can help document the immediate aftermath of the incident. If there were witnesses who saw the accident, getting their statements or contact information can further support your case.
Document Your Injuries and the Incident
A strong product liability claim requires clear documentation of how the defective product caused your injuries. As soon as possible after the accident, write down everything you remember about what happened. Include details such as how you were using the product, what malfunctioned, and the injuries you suffered as a result.
Keeping a timeline of symptoms and treatments can also strengthen your case. If your injuries worsen over time, develop complications, or require ongoing medical care, these details will help demonstrate the full impact of the defective product on your life.
Photographs of injuries taken at different stages of healing can serve as visual evidence of the physical toll of the accident. If there were emergency room visits, follow-up treatments, or surgeries, keeping track of appointments, medical bills, and prescribed medications can further establish the extent of the harm suffered.
Witness statements can also play a key role in documenting the accident. If anyone saw what happened, their account of the incident may help corroborate your version of events, making it harder for the manufacturer or retailer to dispute liability.
Research Recalls and Consumer Complaints
Before taking legal action, it’s useful to check whether the product has been previously recalled or if other consumers have reported similar injuries. If a product has a history of defects, it may indicate that the manufacturer was aware of the issue but failed to take corrective action.
The Consumer Product Safety Commission (CPSC) maintains a database of product recalls for a wide range of consumer goods, including electronics, appliances, and children’s toys. If your injury was caused by a drug or medical device, the U.S. Food and Drug Administration (FDA) may have issued warnings or safety alerts about the product.
Consumer advocacy websites and online product reviews may also contain complaints from other customers who experienced similar issues. If multiple people have reported the same defect, it strengthens the argument that the manufacturer or retailer failed to take reasonable steps to protect consumers.
If you discover that a recall has been issued for the product that caused your injury, this information can support your legal claim. However, even if a recall has not been announced, you may still have a valid case if the product was dangerous or defective in its design, manufacturing, or labeling.
Avoid Speaking to Insurance Companies or the Manufacturer Without a Lawyer
After a defective product injury, you may be contacted by the manufacturer, retailer, or their insurance company. They may offer a quick settlement or ask you to make a recorded statement about the incident. It’s important to avoid speaking to them without consulting an attorney first.
Insurance companies often try to minimize payouts by downplaying the severity of injuries or shifting blame onto the consumer. If you provide a recorded statement, they may use your words against you later to argue that the product was not defective or that you misused it.
Accepting a quick settlement can also be risky. Many companies offer low payouts in the hopes that consumers will accept the money before realizing the full extent of their injuries and damages. Once a settlement is accepted, you waive your right to pursue further legal action, even if medical costs continue to rise.
Before speaking to any insurance adjusters or representatives from the manufacturer, consult with a product liability attorney who can protect your rights and negotiate on your behalf.
Consult a Product Liability Lawyer
Product liability cases can be complex, requiring technical evidence, expert testimony, and a strong understanding of product safety laws. If you’ve been injured by a defective product, hiring an experienced attorney can significantly increase your chances of recovering compensation.
A lawyer can investigate who is responsible for the defect, whether it was caused by a design flaw, a manufacturing error, or a failure to warn consumers about risks. They can also work with engineers, medical professionals, and safety experts to prove that the defect directly caused your injuries.
In many cases, manufacturers will try to settle product liability claims outside of court. Having a lawyer on your side ensures that any settlement offer reflects the full cost of your injuries, medical bills, lost wages, and pain and suffering. If the company refuses to offer fair compensation, your attorney can take the case to trial and fight for the maximum amount available.
Pursuing Compensation for Your Injuries
Victims of defective products may be entitled to compensation for medical expenses, lost income, pain and suffering, and, in some cases, punitive damages. The amount awarded depends on the severity of the injury, the extent of financial losses, and whether the manufacturer acted negligently.
Filing a product liability lawsuit not only helps victims recover financial losses but also holds manufacturers accountable and prevents future injuries. If you or a loved one has been harmed by a defective product, you have the right to seek justice and demand fair compensation.
Mistakes to Avoid if You’ve Been Injured by a Defective Product
After an injury caused by a defective product, the actions you take can affect your ability to pursue compensation. However, just as important as knowing what to do is knowing what mistakes to avoid. Many victims unknowingly weaken their cases by mishandling evidence, delaying legal action, or accepting quick settlements. Being aware of these common mistakes can help you protect your rights and improve your chances of securing the compensation you deserve.
Throwing Away the Defective Product
One of the biggest mistakes injured consumers make is discarding the defective product before an investigation can be conducted. The product itself serves as critical evidence in proving that a defect existed and that it caused your injury. Without it, manufacturers may argue that the product was not faulty or that the injury was due to misuse. Keeping the defective product in its original condition, along with packaging, receipts, and instructions, strengthens your claim.
Failing to Seek Medical Attention Immediately
Some injuries from defective products may seem minor at first, leading victims to delay medical treatment. However, some injuries take time to develop, and delaying care can make it harder to prove that the product caused the harm. Seeking immediate medical attention not only ensures your health but also creates a medical record linking the defective product to your injuries, which is essential for your case.
Accepting a Quick Settlement Without Legal Advice
Manufacturers and insurance companies often try to settle claims quickly and for as little money as possible. While it may be tempting to accept an early settlement, doing so waives your right to pursue further compensation—even if your medical bills increase or your condition worsens. Before agreeing to any settlement, consult a product liability attorney to ensure that the compensation offered is fair and adequate for your damages.
Speaking to the Manufacturer or Insurance Company Alone
After an injury, the manufacturer or their insurance company may contact you for a statement or offer compensation. Many victims unknowingly say things that can be used against them later, such as admitting partial fault or minimizing their injuries. Insurance adjusters are trained to ask questions designed to limit payouts. Instead of speaking with them directly, let your attorney handle all communication to protect your interests.
Waiting Too Long to Take Legal Action
Product liability claims are subject to strict deadlines, known as statutes of limitations. If you wait too long to file a claim, you may lose your right to seek compensation entirely. The sooner you contact an attorney, the better your chances of preserving evidence, gathering witness statements, and building a strong case. Acting quickly ensures that you don’t miss important legal deadlines.
Ready to get started? Contact Bretz Injury Law for a Free Consultation
If you were injured by a defective product, don’t wait to take legal action. The sooner you speak with an attorney, the stronger your case will be. Call Bretz Injury Law at 620-RESULTS or contact us online for a free consultation. Let us fight for the compensation and justice you deserve.
