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What To Do If Hurt By A Product

Jason Turchin, Esq.

What To Do If Hurt By A Product – Navigating Product Liability

Every day, we use a variety of products, from household appliances to personal electronics. But what happens when one of these products causes harm? Understanding the steps to take if you are injured by a product may be crucial for your health, safety, and legal rights. This guide outlines the essential actions to take in the unfortunate event of a product-related injury.

1. Seek Medical Attention Your health and safety should always be your first priority. If you’ve been injured by a product:

  • Seek immediate medical attention, even if the injury seems minor. Some injuries may not be immediately apparent.
  • Keep records of your medical visits, treatments, and any diagnoses. These documents can be vital if you pursue a legal claim.
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2. Preserve the Product and Evidence

  • Do not throw away the product that caused the injury. If possible, try to keep it in the same condition as it was after the incident.
  • Collect and preserve any evidence related to the injury, including the product itself, its packaging, manuals, and any receipts or proof of purchase.

3. Document the Incident

  • Write down everything you remember about the incident, including dates, times, and the circumstances under which the injury occurred.
  • Take photographs of your injuries and the product.
  • If there were any witnesses, collect their contact information and statements.

4. Report the Incident

  • Report the injury to the manufacturer or retailer of the product. This can often be done via their customer service department.
  • In cases of severe injuries or hazards, reporting to consumer protection agencies, like the Consumer Product Safety Commission (CPSC) in the U.S., is advised.
  • Do not return the product to the store or manufacturer without speaking with your product liability lawyer as they may try to dispose of the evidence.

5. Be Cautious with Early Settlement Offers

  • Be wary of early settlement offers from manufacturers or insurance companies. Consult with a legal professional before accepting any offers, as they may not fully cover your long-term needs or losses.

6. Consult with a Product Liability Lawyer

  • Product liability law can be complex. An experienced product defect attorney can help you understand your rights and whether you have a valid claim.
  • A lawyer with experience in product liability can advise on the best course of action, whether it’s negotiating a settlement or filing a lawsuit.

7. Understand the Legal Grounds for Claims

  • Product liability claims can be based on defects in design, manufacturing, or inadequate warnings/instructions. Your attorney can help identify the specific basis for your claim. They could be automotive, consumer, pharmaceutical or medical device product defects.

8. Keep Track of Expenses and Impacts

  • Document all expenses related to the injury, including medical bills, lost wages, and other costs.
  • Note any long-term impacts on your quality of life, which can be relevant in determining compensation.

Being injured by a product can be a distressing experience. Taking the right steps following an injury is often important to ensure your physical recovery and protect your legal rights. By seeking medical attention, preserving evidence, documenting the incident, and consulting with a qualified attorney, you can navigate the aftermath of a product injury effectively.

If you’ve been injured by a product and need legal advice, contact our law firm. Our experienced product liability lawyers are here to help you understand your rights and guide you through the legal process.

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