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Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
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The Nationally Recognized Plaintiffs Litigation Law Firm

Avoid these common mistakes in your product liability case

On Behalf of | Mar 30, 2023 | Defective Product Litigation |

When you buy a product, any product, you expect that it’s been vetted for safety. While a product that you buy probably has been tested for safety to a certain extent, all too often, dangerous products find their way onto store shelves. If you end up with one of these products, you could wind up injured, and the resulting damages can be significant. You may need extensive medical care, time off work and stability while you focus on your recovery.

Although a defective product lawsuit might help you obtain a sense of justice and accountability while also allowing you to recover compensation, all too often, those who pursue such legal action end up making mistakes that put their claim in jeopardy. If you want to avoid that from happening to you, you need to know what missteps are often made so that you can avoid them.

Commonly made mistakes in product liability lawsuits

There’s a lot that can go wrong when you pursue one of these cases. Let’s look at some of the bigger errors that tend to be made when litigating a product liability case:

  • Trying to fix the product: When you’re injured by a product, you should avoid later trying to fix the product so that it can be used correctly. If you do try to modify the product to make it usable, it’s going to be hard to prove what state the product was in when it caused your injuries. This opens the door for the defense to argue that the product only appears defective because you’ve modified it in some fashion. So, if you get hurt by a product, you should keep it in its original state.
  • Getting rid of the product: The product itself and its condition are going to be key to your claim. Therefore, your case might be jeopardized if you get rid of the product. It’s understandable to want to keep a dangerous product away from your family, but you should try to find a way to safely store it to prevent its use while preserving its condition until your case is resolved.
  • Foregoing medical care: If you’ve been injured by a defective product, you need to seek immediate medical care. You should also be sure to follow your doctor’s recommendations. If you don’t, it’s going to be a lot easier for the defense to argue that your injuries aren’t as severe as you claim them to be, and you may be selling yourself short on the amount of damages that you can receive. This can be especially problematic given that the full extent of accident injuries often isn’t apparent until months or even years after the person is initially injured.

When you’re injured by a dangerous and defective product, you need to be diligent as you build your legal claim. This means taking notes, keeping records, following medical advice and securing the product itself. There can be a lot of nuances to one of these cases, so you’ll want to make sure that you’re as prepared as possible before heading into the legal arena.

Would you like guidance in navigating your claim?

If so, now may be the best time for you to reach out to a legal team that’s experienced in handling these kinds of cases. A competent legal professional might be able to help you gather the evidence that you need to position yourself for a successful outcome, whether that’s through settlement negotiations or litigation. Hopefully you can then secure the financial resources that you need to be stable as you focus on reclaiming the portions of your life that have been unjustly taken from you.