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  • Steps To Take After Being Injured By A Defective Product

    Published on June 22, 2021

    There’s nothing worse than being injured by a defective product. After all, you bought the item in good faith and you’re expecting it to serve its purpose and not the other way around. 

    Most of the time, reliable products remain true to their promise. However, there may be unexpected incidents where something goes wrong with the product, which can range from manufacturing defects to design issues. 

    Render illustration of Defective Product title On Legal Documents

    If any of these unfortunate circumstances happen to you, it’s important that you know how to tackle them immediately and properly.

    Identifying The Defect’s Category

    While it’s not completely required that you know the different categories of product defects, it’ll be more helpful to learn how to identify them at the very least. That way, you’ll know what you’re up against and you can have more information to protect your rights as a consumer. As you discuss the case with your lawyer or a firm, like www.sadakafirm.com, make sure you mention all the details of the defect that you encountered and the effects it has brought on you.

    Product defects are typically categorized as the following:

    • Manufacturing defect: A manufacturing defect can occur when the item you bought was assembled incorrectly. Although you can’t know for sure if it was an intentional defect, it’s clearly a result of failed quality control. It could also be due to an error or a problem with the parts used in assembling the product.
    • Design defect: A product may have been manufactured accordingly but it’s also possible that its inherent design could be the reason for it not being safe.
    • Failure to warn: Simply put, a manufacturer or company that fails to warn its customers regarding the possible dangers of using a product incorrectly can still put them at fault. They need to clearly instruct the consumers how to use the product and also warn them on what could happen if the instructions weren’t followed correctly. Failures to warn consumers usually happen in food products wherein manufacturers fail to be honest in stating ingredients lists and nutritional information.

    Most of the time, it’s challenging to determine what really caused the injury. This is why you’ll need to talk to a lawyer to help you identify possible grounds for your case. A professional legal counselor will know which questions to ask, like when did the product start showing signs of defect, or did you immediately know it was defective the first time you used it?

    Injured employee visiting lawyer for advice on insurance

    Steps To Take

    Not everyone knows the right steps to take after being injured by a defective product. Although it’s understandable to feel overwhelmed among other feelings, don’t let that get the best of you. Gather your senses and make sure to do the right steps immediately. The timing is crucial to ensure a higher probability of you winning your case.

    The most important steps that you need to take are:

    1. Seek Medical Help

    Being injured means you need medical attention. Make sure you do this step first because it’s important that you’re treated immediately to avoid further damage to your health or complications. Aside from receiving sound medical advice from a doctor, going to a hospital also means your injury is properly and medically documented. Having this document is important since a product liability case won’t stand a chance if you can’t present any medical evidence or document that proves the credibility of your injury claim. 

    Also, follow your doctor’s orders up to the last course. This ensures that your health is in a better state despite getting injured. Not seeing through the treatment plan might affect your case, as well.

    1. Keep The Product As Evidence

    As much as possible, the defective product must be kept and preserved to serve as evidence later on in the case. Don’t try to do anything with or alter the way the product looked when it started becoming defective. For example, the curling iron that short-circuited you could be a helpful piece of evidence aside from the medical records that documented your burns and other injuries. Leave the product as is and if you can, keep the original packaging along with the receipt, manuals, and anything else that came with it.

    In case the product can no longer be preserved, take as many photos and videos of it as you can. Highlight different parts of the item, particularly parts that clearly exhibit where the defect may have started or occurred.

    1. Contact A Lawyer

    Of course, there can’t be a case if you don’t have a lawyer to legally present you in court. Most companies will exhaust all efforts to avoid paying any lawsuits or penalties, which makes product liability cases more complicated. Insurance companies might also get in the way and offer you a compensation amount that’s lower than what you deserve. That being said, you’ll need strong representation. You can achieve that by hiring a professional lawyer that knows the ins and outs of personal injury lawsuits due to product liability.

    It may be tempting to reach out to the store or company immediately as soon as you got hurt or injured by their defective product. However, you need to keep it to yourself for the meantime and consult with a lawyer instead. You should also avoid posting on social media about your situation to prevent getting your words twisted and used against you. 

    Let your lawyer handle everything and listen to what they’ll advise you to do, especially if it’s for the advantage of your case. An experienced lawyer won’t only credibly present your case, but they’ll also make sure that you get appropriate compensation for the injury and disadvantages that you suffered because of the defective product. 

    Takeaways

    It’s hard to imagine having to go through the pain and stress of being injured by a defective product. It’s an experience that no one would want to go through in their lifetime–and, of course, that’s what every consumer would like to avoid. However, as with anything, it’s best to remain prepared at all times. Educate yourself so you know what to do if you, unfortunately, end up being a victim of a defective product. Knowing the right thing to do will take you a step closer to getting the justice and compensation you deserve.

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