Steps To Take if You're Injured by a Defective Product

Injuries caused by defective products can have severe and lasting impacts on your health, finances, and overall quality of life. Every year, countless individuals suffer injuries due to products that fail to work as expected or contain hidden hazards.

In these situations, it’s essential to know the steps to protect your rights, document the incident, and seek fair compensation. Here, we’ll outline the critical actions to take if you or a loved one has been injured by a defective product.

Prioritize Your Health and Safety

The first and most critical step after any injury is ensuring your immediate safety. If the defective product poses an ongoing danger, remove it from your environment if it is safe to do so. Seek medical attention as soon as possible, even if your injuries seem minor. Some injuries might not be immediately apparent but could worsen over time, so a thorough medical evaluation is essential.

Prompt medical care not only prioritizes your health but also creates official records of your injuries. These records will be instrumental if you pursue a legal claim, as they provide documented evidence of the harm caused by the product.

Preserve the Defective Product and Documentation

Once you’re safe, it’s crucial to preserve the defective product and any packaging, labels, or instructions. If possible, retain everything associated with the product as this can serve as valuable evidence. Do not attempt to repair or alter the product; leave it in its post-incident condition to accurately demonstrate the defect to potential experts or legal teams.

Additionally, if the defect is visually apparent or caused visible damage, take detailed photos or videos of the product and your injuries. Capture any safety warnings or instructions on the packaging or product itself, as these details could help establish the manufacturer’s level of responsibility.

Gather Evidence and Witness Accounts

Document the circumstances surrounding the incident in as much detail as possible. Write down the sequence of events leading up to the injury, including how you were using the product and whether you followed all safety instructions.

If there were witnesses present during the incident, collect their contact information and statements. Witnesses can provide unbiased accounts of what happened, which may be crucial if there’s any dispute about the cause of the injury or the manner in which you used the product.

Keep Records of All Expenses and Losses

Injuries caused by defective products can lead to a variety of expenses, from medical bills to lost income. Keeping a detailed record of all related expenses will support your claim for compensation. Types of documentation you may need include:

• Medical Bills and Records: Save all bills, prescriptions, treatment plans, and any other medical documentation.
• Lost Income Evidence: If you’ve missed work due to your injury, retain pay stubs or a letter from your employer confirming lost wages.
• Other Related Expenses: Keep receipts for any expenses that arise due to the injury, such as transportation to medical appointments or modifications made to accommodate your injury.

These records will help in calculating the economic damages you may be entitled to, making it essential to keep them well-organized.

Identify the Potentially Liable Parties

Determining liability in a defective product case can be complex, as there may be several parties involved in the chain of distribution, from manufacturers to retailers. Commonly, liability can fall on:

• Manufacturers for flaws in the product’s design or production.
• Distributors and Retailers if they knowingly sold a defective product.
• Designers if the product’s design was inherently unsafe.

An experienced defective product lawyer can help identify all parties who may bear responsibility for your injuries, ensuring that your claim targets all those potentially liable.

Understand the Type of Product Defect

Product liability cases generally involve three primary types of defects:

• Design Defects: Flaws in the product’s design that make it inherently unsafe, even if manufactured correctly.
• Manufacturing Defects: Errors occurring during the production process that cause the product to deviate from its intended design.
• Marketing Defects, or Failure to Warn: Insufficient instructions or warnings that fail to inform users of potential risks.

Understanding the nature of the defect will guide your legal strategy, as each defect type has unique requirements for establishing liability. Your attorney can help determine which type of defect caused your injury and develop a targeted approach to your claim.

Report the Incident

Depending on the severity of the defect, you may need to report the injury to relevant authorities. For example, the U.S. Consumer Product Safety Commission (CPSC) accepts reports of unsafe products, and if your injury is part of a broader issue, they may investigate or recall the product. Reporting can also help protect others from harm by prompting further examination of the product’s safety.

Additionally, consider informing the retailer or manufacturer of the incident.

That said, it’s best to consult with an attorney before making any formal statements. Companies may try to use your statements to minimize liability, so professional guidance ensures your rights remain protected.

Consult a Product Liability Attorney

Engaging an attorney experienced in product liability cases is crucial to building a strong case. Product liability law is complex, requiring knowledge of manufacturing standards, consumer safety regulations, and legal precedents. An attorney can help you:

• Assess the Strength of Your Case: Your attorney can analyze the defect and evaluate the evidence to determine if your case has a viable chance of success.
• Gather Expert Testimony: Expert witnesses, such as engineers or medical professionals, may be necessary to validate the defect and demonstrate the extent of your injuries.
• Handle Insurance Companies: Your attorney can negotiate with the manufacturer’s or retailer’s insurance company to secure a fair settlement and shield you from tactics designed to undervalue your claim.

Nix Patterson’s team has a proven track record in product liability cases and can handle all aspects of your claim, from investigating the defect to litigating in court if necessary.

Be Cautious With Insurance Company Communication

Insurance companies representing product manufacturers may contact you shortly after your injury. While they may appear cooperative, their priority is often to minimize the compensation they have to pay. It’s wise to refrain from making any recorded statements or accepting quick settlement offers without consulting your attorney first. These initial offers are frequently lower than what you may be entitled to and might not cover long-term expenses, such as ongoing medical care.

Your attorney can communicate with the insurance company on your behalf, ensuring that any offer you receive is fair and takes into account the full scope of your injuries and losses.

File a Product Liability Lawsuit if Necessary

If negotiations fail to yield a satisfactory settlement, you may need to file a lawsuit. A product liability lawsuit involves drafting a complaint detailing the nature of the defect, the injuries sustained, and the damages sought. Your attorney will manage the legal process, including filing necessary documents, conducting discovery, and preparing for trial.

In a product liability lawsuit, the court will examine evidence of the defect, your injuries, and expert testimony to determine the outcome. Your legal team will be instrumental in presenting a compelling case, proving that the defect was the direct cause of your injuries and that you deserve compensation.

Know the Types of Compensation Available

In a defective product injury case, you may be entitled to various forms of compensation, including:

• Economic Damages: This covers calculable financial losses, such as medical bills, lost wages, and property damage.
• Non-Economic Damages: These compensate for more intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive Damages: In cases involving particularly reckless conduct by the manufacturer, punitive damages may be awarded to punish the wrongdoer and discourage similar behavior in the future.

A thorough understanding of these damages helps ensure that your claim accurately reflects the full impact of the injury on your life.

Act Quickly to Meet Legal Deadlines

Each state has a statute of limitations for filing product liability claims, typically ranging from two to four years. Missing this deadline can result in losing your right to seek compensation, so it’s essential to act promptly. Consulting an attorney early in the process helps ensure that your case is filed within the required timeframe and that evidence is preserved effectively.

Final Thoughts: Protecting Your Rights After a Product Injury

Navigating a defective product injury claim can be overwhelming, particularly when facing physical and financial hardships. By following these steps, you can safeguard your rights, build a strong case, and increase your chances of achieving fair compensation. Nix Patterson’s product liability attorneys are dedicated to helping injury victims hold manufacturers accountable. We handle all expenses, ensuring that you never pay out of pocket, even for expert witnesses.

If you’ve been injured by a defective product, contact Nix Patterson online today for a complimentary consultation or give us a call at 512-328-5333 in Texas or New Mexico, or 405-925-2187 in Oklahoma. We’re here to help you through every step of your recovery and fight for the justice and compensation you deserve.