Steps to Take After a Defective Product Injury

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When you purchase a product, you expect it to be safe for use. Unfortunately, defective products can lead to serious injuries, leaving consumers with medical bills, lost wages, and lasting trauma. If you’ve suffered an injury due to a defective product, you may be eligible to file a product liability claim and seek compensation.

This guide covers everything you need to know about product liability lawsuits, common types of defects, legal steps to take, compensation options, and how to hire a lawyer to protect your rights.

 

What is a Defective Product Injury?

A defective product injury happens when a consumer is harmed due to flaws in a product’s design, manufacturing, or labeling. These injuries can include burns, fractures, toxic exposure, infections, and even life-threatening conditions.

Common Ways Defective Products Cause Injuries
Defective products can cause harm in many ways. A defective airbag that fails to deploy in a car accident can lead to serious head trauma. Contaminated medication can result in severe side effects. A household appliance with faulty wiring may catch fire and cause burns. A children’s toy with detachable small parts could create a choking hazard.

If a product has harmed you due to no fault of your own, you may be entitled to compensation through a product liability lawsuit.

 

Types of Product Defects That Can Cause Injuries

Not all defective products are the result of negligence during production. Some flaws originate from poor design, while others stem from improper marketing.

Design Defects
A design defect means the entire product line is unsafe due to a flaw in the original blueprint. Even when manufactured properly, these products remain dangerous.

For example, an SUV model with a high center of gravity may be prone to rolling over. A hairdryer with exposed electrical wiring may pose an electrocution risk. A ladder that collapses under moderate weight may indicate a weak frame material issue.

Manufacturing Defects
A manufacturing defect occurs when an error during production or assembly makes the product unsafe. This often affects only a specific batch rather than the entire product line.

A bike helmet with a crack in the shell may provide inadequate impact protection. A batch of prescription drugs may become contaminated due to improper sterilization. Brake pads made with substandard materials may fail unexpectedly.

Marketing & Labeling Defects
A marketing defect occurs when a company provides inadequate warnings, misleading claims, or unclear instructions.

A prescription drug that does not list potential side effects could endanger patients. A chemical cleaner without proper handling instructions might lead to accidental poisoning. A toy designed for toddlers that lacks a choking hazard warning could put children at risk.

Companies are legally required to provide adequate safety warnings and instructions to prevent consumer injuries.

 

Who is Liable for a Defective Product Injury?

Manufacturer Responsibility
The primary responsibility for product safety lies with the manufacturer. If a product is designed poorly, produced defectively, or lacks warnings, the company can be sued.

Retailers & Distributors
Retailers and third-party sellers can also be held liable for selling unsafe products, even if they did not manufacture them. If a company imports or distributes a product that is later found to be dangerous, it may share responsibility for consumer injuries.

Third-Party Repair & Maintenance Services
Third-party repair and maintenance services may be held responsible if improper repairs or modifications contribute to an accident or injury.

Even if the manufacturer no longer sells the product, you can still file a claim as long as you were injured within the statute of limitations.

 

How to File a Product Liability Lawsuit

Filing a product liability lawsuit requires proper documentation and legal steps.

1. Seek Medical Attention
   Your health should always be the top priority. Even minor injuries can worsen over time, so it is essential to get medical treatment and official records, as they serve as crucial evidence.
2. Preserve the Defective Product
   Keeping the defective product is important for proving your claim. Do not throw it away. Keep it in its original condition and take photos or videos that clearly show the defect. Retain all packaging, instruction manuals, and receipts related to the product.
3. Gather Supporting Evidence
   Supporting documents help strengthen your case. This may include medical reports, proof of purchase, and witness statements. The more documentation you have, the stronger your claim will be.
4. Consult a Product Liability Lawyer
   A product liability lawyer can help you determine whether you have a strong case. An attorney can advise you on your legal rights and the best course of action.
5. File a Claim Against the Responsible Party
   Your lawyer will file a legal complaint detailing how the product was defective, how you were injured, and how the manufacturer failed to ensure consumer safety. The lawsuit will seek financial compensation for your damages.

 

How to Prove a Product Liability Claim

To win a product liability lawsuit, you must prove the following:

• The product was defective when you purchased it.
• You used it as intended.
• The defect directly caused your injury.

Expert testimony, product recalls, and safety reports may all serve as evidence to strengthen your case. If multiple consumers have been injured by the same product, that information can further support your claim.

 

Compensation for Injuries Caused by Defective Products

A successful lawsuit can help you recover compensation for various losses.

Medical Expenses
This may include doctor visits, hospital bills, physical therapy, and ongoing treatment costs.

Lost Wages & Future Earnings
If your injury prevents you from working, you may receive compensation for lost wages and a reduction in future earning capacity.

Pain & Suffering
Pain and suffering damages account for the physical and emotional distress caused by the injury.

Punitive Damages
If the manufacturer was grossly negligent, a court may award punitive damages as a punishment and deterrent.

Some product liability cases result in settlements worth millions of dollars, depending on the severity of the injury and the strength of the evidence.

 

Statute of Limitations: When to File a Lawsuit?

The deadline for filing a product liability claim varies by state. Most states allow two to four years from the date of injury to file a lawsuit.

Exceptions to the Time Limit
There are exceptions to this rule. Under the delayed discovery rule, the statute of limitations begins when the injury is discovered rather than when it occurred. This is common in cases involving defective medical devices or long-term health effects from harmful products.

For minors, the statute of limitations may be extended until they turn 18, allowing them to file a claim later in life if they were injured as children.

 

Common Challenges in Product Liability Cases

Proving the Product Was Defective
Manufacturers may argue that the consumer misused the product, causing the injury.

Defense Tactics by Manufacturers
Large corporations have legal teams that use aggressive defense tactics. They may claim that the product was modified after purchase or that the consumer ignored safety warnings.

Insurance Companies Offering Low Settlements
Insurance companies often offer low settlements to avoid going to court. A lawyer can negotiate on your behalf to ensure you receive fair compensation.

 

Hiring a Lawyer for a Product Defect Injury Lawsuit

When to Hire a Lawyer?
If you suffered a severe injury, received a low settlement offer, or if the manufacturer denies responsibility, hiring a lawyer is critical.

How a Lawyer Can Help
An experienced product liability attorney can gather expert testimony, negotiate with insurance companies, and take your case to court if necessary. A lawyer will also help you understand your rights and ensure that you file your claim before the statute of limitations expires.

 

Frequently Asked Questions (FAQ)

Can I file a claim if I wasn’t the one who purchased the defective product?
Yes. Product liability claims are not limited to the person who made the purchase. If you were using the product and suffered an injury due to a defect, you may still have a valid claim. Even if the product was a gift or borrowed, you can take legal action against the manufacturer or seller.

How much compensation can I receive for a defective product injury?
The amount of compensation varies based on the severity of your injury, medical expenses, lost wages, and emotional distress. Some cases result in settlements of a few thousand dollars, while others involving severe injuries, permanent disability, or wrongful death can lead to multimillion-dollar verdicts. Punitive damages may also be awarded if the manufacturer acted recklessly.

Do I need to prove that the manufacturer was negligent to win my case?
No. Product liability cases often fall under strict liability, meaning you do not need to prove negligence. You only need to show that the product was defective, that you used it as intended, and that the defect caused your injury. However, in some cases, proving negligence can increase the chances of receiving punitive damages.

Can I still sue if the product has been recalled?
Yes. A product recall does not eliminate the manufacturer’s responsibility for injuries caused by the defect. If you were injured before or after the recall was issued, you may still have a valid claim. The recall can serve as supporting evidence that the product was dangerous.

What happens if I modified the product before the injury occurred?
If the modification was unrelated to the defect that caused your injury, you may still be able to file a claim. However, if the alteration directly contributed to the injury, the manufacturer may argue that the product was no longer in its original condition and deny liability. A product liability lawyer can evaluate whether modifications impact your case.

 

Contact The Epstein Law Firm, P.A., Today

Defective products can cause serious harm, but consumers have legal rights. If you were injured due to a faulty product, you may be entitled to financial compensation.

A product liability lawyer can help you navigate the legal process and secure the compensation you deserve. If you or a loved one suffered an injury, contact The Epstein Law Firm, P.A., today for a free consultation.