Most of the time when we buy products they work more or less the way they were meant to work. They’re safe enough. They’re useful enough. And we use them without incident.
Occasionally, manufacturers make false claims, cut corners, release products with design flaws or otherwise endanger consumers with products that aren’t built correctly. When this happens, the results can be serious injuries, including burns and broken bones.
Save the Packaging, the Item & Directions
To win a product liability case you need to show that there was a defective design, a manufacturing flaw, inadequate warnings or instructions, or false advertising. You also need to minimize the defendant’s ability to prove that you contributed to your own injury. In a product liability case this means you were using the product correctly and for its intended purpose or use.
This means the packaging, the item itself, and the directions that came with the item when you bought it are all vital pieces of evidence. Don’t rely on your ability to download those instructions from the internet later. The manufacturer might well change them before you make it to the settlement conference!
Take photographs of the product, the immediate area, and your injuries. It’s also a good idea to take photographs of the packaging and directions as well, just in case something happens to the originals (which should be kept in a safe place).
This evidence helps to show the severity of your injuries and may factor into your eventual pain and suffering claim.
Get Medical Care
You’ll want to get medical care immediately, and you’ll want to follow all the directions given to you by all medical providers. Your medical bills will become vital evidence in your case, and you need to be able to show that you didn’t exacerbate your injuries by failing to follow medical instructions.
How do you file a claim?
While a product manufacturer probably has a liability insurance company that’s going to pay your claim, a product liability case isn’t like a car accident case where the law requires someone to put that information at your fingertips.
In addition there could be other responsible parties.
In a products liability case, it will almost always take a personal injury attorney’s help to file claims. Your attorney will help you identify all responsible parties and hold them accountable for the unsafe practices which have caused your injuries. We’ll also draw in expert witnesses and identify other cases where similar harm has been amply proven. Sometimes this might lead to a class action case instead.
This can help us get you the compensation you require to cover your medical expenses, lost wages, pain and suffering.
If you’ve been injured by a defective product, contact Scott Richman Law today.
Submit this form to have your case reviewed by our attorney.
Meet Mr. Richman
SCOTT B. RICHMAN, ESQ.
Mr. Richman is the Managing Member and Founder of Richman Law Firm PLLC. In his role as Managing Member, Mr. Richman oversees the day-to-day operations of the firm and handles the litigation of the most complex legal matters across a vast array of practice areas and disciplines.