From cars to power tools to baby items, consumers understand that using any product comes with a risk. However, they don’t expect the product to cause harm when it is used properly.
Determining Liability Following a Product Injury
While not always the case, there are situations in which a manufacturer can be held liable for an injury caused by a defective product. As a consumer, it is important to understand these situations that could be considered negligence:
- Marketing: When advertising tricks a consumer into believing a product is something it’s not, they could be liable.
- Manufacturing: When a manufacturer fails to take the proper level of care in manufacturing the product, they could be liable.
- Breach of warranty: When a product does not meet the claims made by the manufacturer, it could be liable for a breach of its warranty.
Most defective product cases will fall into one of these types. If you are unsure if your product injury is eligible for a product liability case, reach out to a lawyer to discuss your options.
Steps to Take Following a Product Injury
It can be confusing to navigate a product injury. One minute, you are enjoying the use of a new product, and the next, you are receiving medical care. Now what? The steps you take following a product injury are important not only to your health but also in protecting your right to potentially file a lawsuit.
If you suffer an injury caused by a defective product, there are a few things you need to do:
- Receive immediate medical attention: Immediate medical attention is the first step to take following a product injury.
- Preserve the evidence: You will need certain pieces of evidence to prove your injury came from the product. If possible, save the defective product.
- Notify the manufacturer/designer: You can report the defective product to the Consumer Product Safety Commission (CPSC), which will open an investigation into the product.
- Consult with a knowledgeable defective product injury lawyer: Depending on the type and severity of your injury, you may have legal options available. Discuss your case with a product injury lawyer in your area. They will guide you on the laws and help you decide if you have a case.
If you want to learn more about this side of the law, perhaps because you believe you have a case, contact us today. We have the experience needed to help you navigate your case.
Stay Within the State’s Product Liability Timelines
We have just three years from the date of the injury to pursue any available legal options. We understand that receiving medical care and ensuring the wellbeing of your family is a priority. But, waiting too long to explore your legal options can leave you with nothing. Even if you have a good case, you could lose out on your ability to collect any compensation.