What To Do When You’ve Been Harmed By A Defective Product?

Posted by on Sep 28, 2017 in General, Product Liability

What To Do When You’ve Been Harmed By A Defective Product?

Did you buy a defective product that caused you or your loved ones harm? If the answer is yes, then you may need a product liability attorney. As consumers, we expect that the products that we buy will be safe. When you have been injured by a harmful product, that trust in the manufacturer is immediately violated. It is your right as a customer to seek justice for a faulty product. Any company that puts out a defective product should be held accountable. So you may be wondering how to navigate the legal process for your product liability claim – it is probably in your best interest to consider a product liability attorney to evaluate your claim and provide you with the compensation you deserve.

Product Liability Case Tips

Check out our tips below to help guide you through your product liability case.

Common Defective Products

Defective products can involve a vast range of goods sold to consumers. Some of the more popular examples of defective products include the following:

  • Airbags and automotive parts
  • Children’s products
  • Heavy machinery
  • Household items
  • Medication and medical devices
  • Power tools
  • Vehicles

Recalled Defective Products

The first thing to do in a product liability case is to determine if the product in question has been recalled. You can often find out which products have been recalled by visiting the Consumer Product Safety Commission’s website. The CPSC regularly posts articles about recent dangerous product recalls. If the defective product that injured you or a loved one hasn’t been recalled, then the company who manufactured it could still be responsible for injuries caused by use of the product. There are numerous ways to report a defective product to the Consumer Product Safety Commission:

  • Website: www.cpsc.gov
  • Email: hazard@cpsc.gov
  • Phone: 1-800-638-2772
  • Fax: 1-800-809-0924
  • Mail: US Consumer Product Safety Commission, Injury Report, Washington, DC 20207.

Types Of Product Defects

  • Manufacturer defects: Manufacturers are obligated to sell products that are safe to consumers. To prove a manufacturer defect, you must establish that the manufacturer knew or should have known about the product’s defects.
  • Design defects: Your case must prove that the product was unreasonably hazardous due to a flaw in the product’s design. You don’t need to prove that the manufacturer knew about the flawed design, just that they should have known.
  • Failure to warn: Marketing defects refer to improper labeling of products, insufficient instructions, failure to warn customers about a potential danger or negligent misrepresentation of a product’s use and safety.

Who Can Be Held Liable In Product Liability Lawsuits?

Determining who specifically should be held accountable in a product liability case is difficult and requires the skill and knowledge of an experienced attorney. There are multiple parties involved in the process of delivering a typical product to market, including, but not limited to:

  • Assembly companies
  • Component part manufacturers
  • Distributors
  • Installation companies
  • Marketers
  • Product designers
  • Product manufacturers
  • Retailers
  • Wholesalers

What Damages Can Be Sought In A Defective Product Liability Claim?

  • Current and future lost wages
  • Disability
  • Loss of quality of life
  • Medical costs
  • Pain and suffering

Keep Your Defective Product As Evidence

The manufacturer of the defective product will typically ask you to send it back to examine it and confirm the defect or dangerous design. Sending the product back to the manufacturer could erase your best evidence and ultimately lose your case. Your product liability attorney will likely want the product tested or examined by an independent expert, but it will be too late if you’ve already returned the product.

Need a product liability attorney in Woodstock, GA?

If you are seeking an attorney for a product liability lawsuit, we can help!  Defective product cases need to be handled delicately and by a professional, so let the Law Offices of P. Kent Eichelzer III help you today. We have offices convenient to Woodstock, GA and Marietta, GA. Don’t wait another minute; contact us today to set up a free consultation.