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Clark Love & Hutson

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

What to do if you’ve been harmed by a defective product

On Behalf of | Dec 4, 2023 | Defective Product Litigation |

You have a right to assume that the products you purchase are safe. Product designers and manufacturers have a legal duty to only put products on the market that have been thoroughly tested and examined to make sure consumers are not injured or harmed, while marketers and retailers have a duty to warn consumers of any potential product dangers.

Unfortunately, this does not always happen and you may purchase a defective product that injures you or causes you some other type of harm.

Types of harm a defective product can cause

There are various types of harm that you can suffer from a defective product. Some are immediately obvious. Physical injuries such as bruises, burns or broken bones are signs of a defective product. A toy that a child chokes on could also be a sign of a defective product.

Other types of injuries from defective products might be more subtle. Internal damage to organs could cause organ failure or other medical conditions.

So, what should you do if you suspect you have been harmed by a defective product? First, you should seek immediate medical attention for the injury. Follow your doctor’s instructions for treating your injury.

Gathering your evidence

Document evidence of the injury. Take pictures of the product that you believed caused your injury and pictures of your injuries. Back the pictures up in case you lose them. This type of evidence is extremely important for proving negligence in a product liability case.

Write down what you can remember about the incident that caused the injury. Do this as soon as you can after the injury while the details are still fresh in your mind.

Include details about what you were doing before the injury. This will help if the defense tries to argue that your actions before you used the product were the cause of the injury.

Contact anyone who witnessed the accident. Ask for their information and see if they would be willing to testify on your behalf about what they saw.

Be careful about what you say

It can be difficult to not discuss your injury with others, but you should avoid talking about it on social media. If you want to talk about it, discuss it privately with trusted family and friends and do not do it in writing. Anything you say could be used against you or you or taken as admitting fault.

Finally, keep the products that you believe harmed you as evidence. This is a vital piece of evidence.

Next steps to take

One of the biggest challenges of a products liability case is determining who to sue. The product goes through several different distribution chains before it gets to you.

Following these steps after your injury can help protect your rights. You can then evaluate the situation to decide the right party to pursue your claim against. Proving the product that you purchased was defective can mean financial compensation for your losses.