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Defective Products Injury

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Steps to take if you are injured by a defective product

At the point when you purchase a product, it is reasonable to expect that the item will be free of defects and keep up its standard for some time. Without this guarantee, purchasers can become vulnerable to injury. This article is designed to help those who have been injured by defective products.

Here are four steps you need to take if you or your loved one has been injured by a defective product:

Seek Medical Care

Nothing is more essential than your health or the health of a loved one. When you are injured by a defective product, your first priority should be to get the medical care that you need. Leaving an injury untreated can lead to further complications. Take immediate steps to treat your injuries, and then go to a doctor or the emergency room to get professional care. You need to take care of your health, while also documenting the extent of your injuries from the defective product.
Any lack of documents might lead to a liability dispute since the opposing party could dispute your claim that the injuries were caused by the defective product or they could argue that postponing medical care contributed to their severity.

Gather Documents and Preserve Evidence

Medical records will be the key in documenting your injuries, which is essential to your claim. Additionally, you will need to show that the defective product was the cause of your injuries if you are going to have any recourse. Try to preserve the product as best as you can. Don’t discard anything. This is why keeping the faulty or defective product is the most important thing you can do if the injury it caused was due to a manufacturing error. Take photos of the product, your injuries, and any damage to the area where the incident occurred. Write down the details of what happened, including the time, date, and location. The foundation to any successful case is the evidence, the amount of evidence that you have determines the time that your claim gets resolved. It can serve as crucial evidence that will be needed to prove liability. Gather receipts or warranty/registration information for the product.

Contact an Attorney

Contact a personal injury attorney as soon as you can after your injury. A good injury attorney will advise you of your rights and help you understand what to expect so that you don’t take any actions that could jeopardize your case. Your attorney can help you act quickly so that you can increase your chances of success. Your attorney will also help you to gather the appropriate evidence, records, and other documentation to prove your damages.

Identify Negligent Parties

In your product liability case, it will be extremely important to identify each party responsible in the chain of distribution. Any company, whether it’s the manufacturer, wholesaler or distributor, who had any part in the product’s design or sale may be liable for your injuries. Your personal injury attorney will help you to identify all parties involved as some may be more liable for your injuries than others.

Liability for a product defect could rest with any party in the product’s chain of distribution, such as:
The product manufacturer:

  • A manufacturer of component parts
  • A party that assembles or installs the product
  • The wholesaler and
  • The retail store that sold the product to the consumer.

For strict liability to apply, the sale of a product must be made in the regular course of the supplier’s business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.

To establish liability for a defective product, your product liability lawyer will look at the three types of product defects to decide which cause of action against the responsible party to pursue.

Design Defects

A defective product can enter the stream of commerce because it’s defectively designed. If you can show that there was no way the good could be safe because of the design defects, then you might have product liability claims here under product liability law.
For example, a designer may be held liable in court if the car product’s design was such that it lit on fire every time a driver started the ignition. The plaintiff might say that the design defect rendered the car unsafe and could possibly bring a successful claim if they were injured or suffered pecuniary loss.

Manufacturing Defects

If design defects can be eliminated as a cause of action then a product liability lawyer will look to manufacturing defects as the cause. A manufacturing defect is not a result of a product’s design but the process, meaning, what made the product unsafe was introduced when it was made.

Marketing Defects

Flaws in the way a product is marketed, such as improper labelling, insufficient instructions, or inadequate safety warnings. These types of defects relate to the warnings and instructions that are included with a product. Failure to provide clear instructions or warning labels on a product by the manufacturer can result in the manufacturer being held liable if a consumer is injured.
There are many times that a product is defective but does not cause injury or other times that injuries are caused by simple human error. However, if you believe you have been injured as a result of a defective product it is important to meet with a product liability lawyer—for your own sake and the sake of others who use that defective product.

We hope that you have found this blog post helpful. We at Roxell Richards Law firm want to help you recover from your injuries after using a dangerous or defective product. We can help with any questions about how to go about filing a personal injury lawsuit against the company who made and sold it to you, as well as what compensation might be available for your pain and suffering. Please contact us today if we can assist in any way! We have years of experience in defective product claims and can help you get your life back on track. Contact us at: 713-974-0388 or 1-855-GOT-INJURED. If you or someone you know has been injured, call us now or click here to complete the form for your case review

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