What To Do If You’ve Been Injured By A Defective Product

If you find yourself injured due to a defective product, it is essential to take prompt and decisive action to protect your rights and seek the compensation you deserve. Here is a guide on what to do.

Prioritize Your Health and Safety

The first and foremost concern is your health. Seek immediate medical attention for your injuries. Not only is this crucial for your well-being, but it also establishes a record of the injuries caused by the defective product, which can be vital in any subsequent legal proceedings.

Preserve Evidence

Preserve the defective product and any related evidence. This includes keeping the packaging, taking photographs of the product and your injuries, and saving any receipts or documentation of the purchase. These will be valuable in establishing the connection between the product and your injury.

Document the Incident

Write down a detailed account of the incident as soon as possible. Include information such as where and when the injury occurred, how the product malfunctioned, and the immediate aftermath. Memories can fade over time, and having a written record can strengthen your case.

Identify Witnesses

If there were any witnesses to the incident, ask for their contact information. Witness testimony can be crucial in corroborating your version of events and strengthening your case when it comes time to file an insurance claim or pursue a lawsuit.

Do Not Alter the Product

Avoid making any alterations or repairs to the defective product. Preserving it in its original condition is essential for investigators and experts to examine the flaw and determine the cause of the malfunction.

Seek Legal Advice

Contact a trusted Philadelphia product liability lawyer with experience handling cases related to defective products. They can provide crucial guidance on your rights, the potential strength of your case, and the appropriate legal actions to take.

Keep Records of Expenses and Damages

Maintain a detailed record of all expenses related to the injury, including medical bills, rehabilitation costs, and any other out-of-pocket expenses. Additionally, keep a journal of the impact of the injury on your daily life, work, and overall well-being.

Report the Incident

Report the incident to the Pennsylvania Attorney General or the Consumer Product Safety Commission (CPSC). This not only contributes to the overall safety of the public but also creates an official record of the product’s potential dangers.

Consider a Product Liability Lawsuit

If negotiations with the responsible parties or their insurance companies prove unproductive, your attorney may advise filing a product liability lawsuit. Pennsylvania adheres to strict liability principles, meaning you do not need to prove negligence but must demonstrate that the product was defective and caused your injury.

A lawsuit can seek compensation for various damages, including your medical expenses, lost wages, pain and suffering, and any other losses caused by the defective product. Product liability lawsuits are also subject to the state’s statutes of limitations, which is a law that sets a deadline of two years. Meaning that if you do not pursue a lawsuit within that time, you may lose your right to compensation. However, that deadline may be extended up to two additional years if your injury occurred 10 to 12 years after the product was purchased.