What Are the Steps to Take if You’re Injured by a Defective Product?

Every year, thousands of defective products enter the market. From electronics and cars to children’s toys and pharmaceuticals, the list of products that can be potentially flawed and dangerous is long.

Most people who purchase a defective product simply feel ripped off and must purchase a replacement or alternative product. Unfortunately, there are some consumers who suffer far more than just some lost money. There are countless potential scenarios every year where a defective product can cause you and your loved ones harm. According to the National Safety Council, there were more than 11.7 million product injuries in the U.S. in 2021 alone.

These injuries can be particularly tragic for families when the defective product is a toy that injures a child. In such situations, knowing the steps to take is crucial to protect your rights and seek compensation for your injuries.

1. Seek Medical Attention

There are many important steps to take if you were injured by a defective product, but protecting your health should always be a top priority. If you are injured, be sure to seek prompt emergency help. Even if your symptoms seem minor, never ignore them, as your condition might worsen if left untreated. What’s more, medical records will play a vital role in your injury claim, establishing the extent of your injuries and the compensation to which you’re entitled.

2. Preserve the Evidence

Your claim is only as strong as the evidence you can produce. Although many manufacturers of defective products issue recalls, you’ll still need to show the product you purchased had a defect that led to your injury.

Keep the product in a safe place, along with any packaging, instructions and receipts. If possible, take photos of the product and the scene of the incident. This evidence will be valuable when establishing the cause of the defect and the resulting injuries.

3. Document Your Injuries and Expenses

Keep a detailed record of your injuries, symptoms and any medical treatment you receive. This includes doctor visits, hospital stays, medications, therapy and other related expenses.

Consider keeping a journal to document the impact of the injuries on your daily life, such as missed workdays and activities you can no longer participate in due to the injuries.

4. Identify the Manufacturer and Distributor

Determine who the manufacturer, distributor and seller of the defective product are. This information will be necessary to establish who is liable for the defect.

 Collect any available information, such as names, addresses and contact details. This information will be essential for potential legal actions.

5. Consult with a Personal Injury Attorney

Contacting a skilled personal injury attorney who has experience in product liability cases may be crucial. An experienced attorney will carefully evaluate your case, help you gather evidence and guide you through the legal process. These cases are often brought against large corporate interest and well-funded insurance company defense teams. Having experience representation will ensure you have competent help when negotiating a fair settlement with the insurance company.

6. Do Not Alter or Repair the Product

Refrain from throwing away, repairing or altering the defective product in any way. If you do so, you may compromise the evidence needed to prove that the product was indeed defective.

Leave the product in its original condition for proper evaluation.

7. Keep Communication Records

If you've had any communication with the manufacturer, distributor, seller or the Consumer Product Safety Commission (CPSC) regarding the defective product, keep records of emails, letters or phone calls. These records can provide valuable insight into how they responded to your concerns and can be useful during legal proceedings.

8. File a Complaint

If you and your personal injury attorney determine that you have a valid claim, you may need to file a formal complaint against the manufacturer, distributor or seller. This typically involves drafting legal documents and submitting them to the appropriate court, which is something your attorney can do on your behalf.

9. Pursue Compensation

Your personal injury attorney will negotiate with the responsible parties to seek compensation for your injuries, medical expenses, pain and suffering, lost wages and other damages. If a fair settlement cannot be reached, your attorney may advise you to pursue litigation.

Discuss Your Claim with an Ohio Defective Product Lawyer

If you’re a resident of Ohio and you’ve been injured by a defective product, the attorneys at the Buckeye Law Group are eager to hear your story.

We proudly serve the Cleveland, Columbus, Cincinnati, Toledo and Akron areas.

To discuss your case for free, call us at 1-800-411-PAIN.