What Happens if a Defective Product Causes a Serious Injury?

Everyone has a reasonable expectation that the products they buy and use are safe. This expectation comes from manufacturers being legally required to ensure all their products are safe and have passed the necessary tests to make them so. However, design defects, manufacturing or production issues, poor material quality, dishonest marketing, and other factors make products unsafe.

Unsafe products can cause serious injuries or even fatalities if they malfunction, especially when in use. Those who suffer such injuries can seek compensation for lost wages, medical bills, life-altering surgeries, emotional distress, and wrongful death with the help of an attorney.

To help you understand what your next cause of action should be if you are injured, here’s what happens after product-related accidents.

The Injured Party Seeks Medical Help Immediately

Regardless of what has happened or what everyone around you says, the most important thing to do after getting injured due to a defective product is to seek medical attention immediately. Some people think they do not have to do this or can wait because the pain or discomfort does not feel too bad.

Never do this for several crucial reasons. First, you will not know the extent of the injuries and damage until a doctor or other healthcare professional examines you. Second, waiting longer to get an examination and necessary treatments and interventions can impact your health and recovery.

Third, your visit to the doctor starts the process of documenting what has happened to you. They will document your injuries and the treatments they have provided.

You will also have proper documentation for all the medication they give you and all the bills you have paid. This paper trail will be crucial when you eventually sue whoever is responsible for the defective product and your catastrophic injuries.

Preserve The Product And Your Receipt

You should not throw the defective product away or tamper with it in any way. Call someone to preserve it if you go to the hospital. You should ensure that it remains in a safe place until you talk to a lawyer when you start the process of suing for compensation.

You should also keep all documentation that came with the product, including manuals, documentation, and the receipt. Preserve the original packaging if you still have it too.

The reason for preserving the defective product is so that you can show that it indeed malfunctioned and caused injuries. The second reason is so you have physical evidence to prove you did not tamper with it.

Remember that the defendant or negligent party will try to find ways to make you responsible for the malfunction, and one thing they can point to is a device or product that has been tampered with.

The reason for keeping everything that came with the product is to prove ownership.

Collect Additional Details About the Product

In addition to the documentation you get from the hospital, you should also have additional documentation that details everything you know about the product.

For example, you should know when and where you bought it, how you used it, and how and when it failed. If you can, include photos and videos of the incident and your injuries. You can also include visual evidence of other damage, for example, if the product damaged a countertop or ceiling when it failed.

Your lawyer will help you put everything together to make your product liability case much stronger. Remember, these cases are won depending on the evidence, and the compensation also depends on the strength of that evidence, especially in personal injury and wrongful death lawsuits.

Find Out Who Is Responsible

Various people could be responsible and answerable for what happened to you. The first obvious party is the manufacturer who created a defective product. The other is the quality assurance department that let a defective product leave the plant.

Another party that could be responsible is the marketer who made claims about the safety of the product, or the retailer who might have continued selling the product even after knowing it could be problematic. The retailer could be sued as part of a mass tort lawsuit if many people were injured.

Accidents attributed to defective products are, unfortunately, quite common. They can cause serious injuries and even fatalities. If you have been injured or if your loved one has died from an accident caused by a defective product, you might be entitled to compensation.

Our attorneys at Mama Justice – MW Law Firm are standing by to help you hold the negligent party responsible. Visit our offices at the following locations to talk to our injury attorney: