No one ever buys a product thinking that they will get hurt by using it! They simply pick products with the thought that they will use them safely. If reports are to be considered from US Consumer Product Safety Commission, over 38 million people have undergone medical attention for the product injuries.
Although most injuries are the result of the wrong usage of the product, some are because of the faulty design, manufacturing or marketing defect. Sometimes the product is defected in another way, rendering it unsafe for users.
Irrespective of how a product is considered as defective, they can have serious effects on the customer using it. For instance, a toy that has a manufacturing defect can put the child in a deleterious situation.
So, what’s next? If you ever get injured by a defective product, you need to file a product liability case.
What Is A Product Liability Case?
When a customer gets a defective product, or the product has caused any injury to the consumer, the situation can give rise to the breach of warranty or product liability lawsuit.
The defective in such cases means that the product is not working properly for its intended use, causing injury, when the customer was using by the given manufacturer’s instructions. Such cases are filed against the manufacturer or the seller of the product.
Types Of Product Liability Claims:
There are three different types of product liability claim;
- Design Defect: A design defect offers claims for the products that are defective and have other design issues. A design is defective if the product is at risk of harm. This can be eliminated by adopting a reasonable alternative design, which can make the product safe to use.
- Manufacturing Defect: A manufacturing defect is something when a product is harmful because it is not as per its intended design.
- Labeling Or Warning Defect: If the product is not used as per instructions on the product, you might have a product liability claim for failure to warn. A failure to warn occur when the lack of warning make the product unsafe for the use. Here’s what you need to do:
Seek Medical Attention:
Just like with any other accident, medical attention is also a must if you are hurt by a defective product. Not only it is important that you should get the right care you need, visiting a doctor right after the accident will link your injuries to the accident.
But, if you wait for seeking medical help, the manufacturer might put the damage on someone else’s shoulders and can claim that the injury is caused by something else.
Gather Evidence:
Take pictures of the product as well of your injuries. You can also make a video that supports photographs to have everything in the record. Further, writing every single detail about the accident before, during or after the damage will also help you.
If there’s someone who has witnessed the accident, record their statement as well. Provide every information to the product recall lawyer so that that can obtain a record to make your case stronger.
Don’t Throw Or Get Away From The Product:
If a product injures you, the damaged piece itself is great evidence that can strengthen your case. So, make sure not to throw it in any way. In addition, if there are other items directly linked to the product, like the instruction manual, original packaging, purchase receipt and more, keep them!
Stay Away From Social Media:
Do not discuss anything on social media, as it can hamper your case. If you have recorded a product liability lawsuit, the other parties might also have access to your social media. So, even if you are not discussing things about the product, the information you will post can have negative effects on your liability case.
When you purchase a product, you expect the safety for its intended purchase, however, if you the product injury you, file a complain and hire a professional attorney.
