What Do You Do if You Were Injured by a Defective Product You Purchased?

Being injured by a defective product can be a terrifying and unexpected experience. The steps you take after can significantly impact the success of your potential claim. After being hurt: 

Get Medical Care

Your health is the first priority. Even if your injuries seem minor, see a physician as soon as possible. You may have delayed symptoms, and leaving an injury untreated can lead to further complications. Medical records documenting your defective product injury will also be vital when it comes time to file a claim. 

Preserve the Evidence

If you can safely store the defective product, save every piece. In addition to medical records proving your injury, you will have to show the product was defective. This physical evidence can be vital in proving liability. Once you are injured, do not attempt to fix or alter the product. That may make it difficult to understand and demonstrate how it failed. 

Photographs of the product, the scene where the injury occurred, and of your injuries will also help by keeping a visual record. Write down the details of what happened, including the time, date, and location.

Gather Documentation 

Search for any documents you have related to the product, such as a receipt, order confirmation, owner’s manuals, user instructions, or warranty/registration information. In addition, request copies of any medical records related to the injury. The more documentation you can gather, the stronger your case will be.

Speak To an Attorney

Take advantage of a free consultation with a San Diego product liability attorney. Hire a trusted attorney as soon as possible, as they will thoroughly investigate your claim and help you act quickly so that you can increase your chances of success. Any delay can put your claim at risk. Your attorney will also help you gather the appropriate evidence, records, and other documentation to prove your damages. Additionally, you may find out if the same product has hurt other people. 

Next Steps

From there, your attorney will help you identify what type of case you have to determine on what grounds you will sue. The three most common types of defective product cases involve products that have

• Design Defect: when a product is inherently defective and unable to ever be safe. 
• Manufacturing Defect: a defect that occurs while a product is being made or assembled, usually due to poor workmanship or cheap materials. 
• Marketing Defect: also known as failure to warn defects. Products can pose a risk to consumers due to improper labeling, inadequate safety warnings, or insufficient instructions. 

Determining the type of case you have will help you and your attorney identify each party responsible. Any company or individual involved in the defective product’s chain of distribution can be liable for injuries, whether it’s the manufacturer, wholesaler or distributor, retailer, etc. 

Contact CaseyGerry

If you believe you have been injured due to a defective product, schedule a free consultation with our San Diego product liability attorney today. We will help you fight for the compensation you deserve.