When a Defective Product Injures You

If you’ve been injured by a harmful or defective product, you might wonder if you can take legal action, including suing the manufacturer. As product liability lawyers, we have experience helping clients navigate this issue. This post is intended to provide a general overview of this topic. However, for targeted legal advice, please call our lawyers for a free case review. 

Types of Products That Cause Injury 

Any product has the potential to cause injury. Some examples include: 
  • Cars and tires 
  • Toys and baby equipment 
  • Household appliances 
  • Prescription medications and medical devices 
  • Household and yard treatment chemicals 

A product can be defective by design or as part of a manufacturing error. Other times, it’s a marketing error, where the company has failed to adequately warn or instruct users about the product. 

What Steps to Take 

There are a few key steps you should take after being injured by a product. 

  1. Retain the product! Do not throw away or attempt to repair the product. It is critical evidence. Make sure to keep any related items you have as well, such as receipts and original packaging. 
  2. Seek medical care. Do not shrug off or delay getting care for serious injuries. Doctor reports can be valuable, objective insights about the extent of your injuries. Failing to seek care could greatly diminish the strength of your claim as the defense could argue that you’re not really hurt. 
  3. Call an attorney as soon as possible. There is a limited window of time to file a claim. A quality attorney can help guide you through the process, make sure evidence is retained, and that your legal rights are protected. 

Do You Have a Case? 

It’s important to understand that not every injury you get from a product is going to be a case that a lawyer will take on. There are a couple key questions to ask yourself.

First, did you use the product as intended? If you made modifications to the product or were using it in a way it wasn’t intended, you probably don’t have a case. 

Second, did you suffer actual damages? A products liability case is often time consuming and expensive for law firms. Given that, a lawyer is only likely to accept your case if you can show that you experienced significant harms like hospital bills, missed wages, pain, and suffering. 

However, the best way to know if you have a case is to call an experienced product liability attorney. Our lawyers are happy to hear what happened at no cost to you. 

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Angela Russell
Articles: 73

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