A product recall is when a manufacturer or a store asks customers to return a product because it is defective and/or could be unsafe for them to use. These customers generally receive compensation for returning the items. The Consumer Product Safety Commission may be in charge of recalls, or the recall can be voluntary. In most cases, products are recalled because they are defective.
A defective product claim is a claim you file against the store where you purchased the product, the distributor of the product, and/or the manufacturer of the product. If you were injured while using a defective product, you may file a claim with a personal injury attorney. You may be entitled to receive monetary compensation for your injuries.
What If a Defective Product Injures You?
Take the following steps if you have been injured and would like to file a liability claim:
Step 1: See a Doctor.
After being injured by a defective product, seek medical attention right away. It does not matter if your injuries appear to be minor. You must visit your physician so that he or she can document your injuries. You will need medical documentation for your liability claim.
Step 2: Gather Evidence of the Injury.
Gather any evidence that shows that the product caused your injuries. Also, document your injuries by taking videos or photos. Take pictures of the product and save the instruction manual and the packaging. By offering this evidence to the court, you can demonstrate that the product is defective and that it caused your injuries.
Step 3: Provide documentation for the Injury.
Write down when the accident occurred and where you were when it happened. Record how it injured you and the injuries that it caused. Take the personal information of any witnesses so that your attorney can contact them later.
Step 4: Report Your Injuries.
Report the accident to the Consumer Product Safety Commission. This will bring the fact that the product is dangerous to people’s attention. Then, they can launch an investigation into the matter.
The First Thing to Do When Injured By a Defective Product
The first thing you must do after you are injured by a defective product is hire a product liability attorney. This is important because your attorney will determine which party is responsible for your injuries. The liable party may be the store where you purchased the product, the wholesaler of the product, the installer or assembler of the product, the part manufacturer, or the manufacturer of the product.
The purpose of holding the various parties liable for your injuries is to ensure that you receive compensation. You may receive the following damages in a product liability claim:
- Payment of your medical bills, including ongoing medical care, rehabilitation, medications, doctor visits, surgeries, and hospital bills.
- If you are unable to work, you may receive lost wages for current and future periods of disability.
- Pain and suffering are non-economic damages, and you may receive them for the loss of enjoyment of life, depression, anxiety, discomfort, and pain.
- Punitive damages may be awarded to punish the defendants for their extreme negligence and prevent future actions of this kind.