When we put our money into a product, we expect it to meet all safety regulations and for it to last years to come. So when we buy a product and it’s defective, we feel frustrated like our money has been wasted. What makes it worse is if we end up with defective product injuries.
I was injured due to a product that was defective. Should I contact a personal injury attorney?
This could mean you bought a teapot that had a small and unnoticeable crack in it. And when you used it, it shattered into pieces and one hit you in the eye, or you received burns from the hot water exploding out of it.
This could mean you bought a new car with faulty brakes and were in a car accident because your brakes didn’t work properly. These are just two of the situations that can arise when using a defective product. So if you’ve been a victim of a product malfunction, keep reading to see what information you need to file a claim!
Questions to Ask Yourself Before Consulting with a Lawyer for Products Injuries
It’s easy and understandable to be upset about purchasing a defective product. However, this doesn’t mean you can immediately file a claim against the company and get your money back plus some. So before you call a defective product lawyer, ask yourself these questions:
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Was I or someone I love injured by this defective product?
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Did my loved one die from using this product?
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Was there a monetary loss from using this product? (Besides buying this product. This could mean missing work because of faulty brakes, which resulted in a loss of wages).
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Did the product come with any warning labels or very specific instructions on how to properly use the product?
If you answered yes to most or all of the above questions, then your next step is gathering evidence for your claim.
Gathering Evidence for Products Injuries
You need to prove the merchandise was defective. This could mean photographing a frayed or improperly protected cord or improperly protected cord on an electronic. This could also mean photographing that you properly used the product as it was intended. So the manufacturer can’t claim misuse products. Photographing your injuries caused by the product are also a good way to build up evidence.
Most people use reviews as a way to help them decide whether a product is worth purchasing or not.
So looking at the product reviews for your defective item could yield some results for you. If the product has been defective for several people, yet the manufacturer has done nothing to fix it or they reply with claims of user malfunction, printing those out could also be helpful for your case. If it has been reported several times that the product isn’t working properly and nothing has been done about it, that shows negligence on the part of the manufacturer.
All of this may seem like a lot of work, but don’t worry when you contact one of our attorneys you will never have to pay any money up front. Our lawyers work on your case to ensure you receive the compensation you deserve for your injuries in exchange for a small percentage of the recovery.
Also, do some research and see if this company has had any other defective merchandise in the past. If having products that aren’t up to safety standards seems to be a recurring trend with the company, then proving their product caused your injury shouldn’t be a problem.
A product injury lawyer will be able to best guide you in what evidence to gather in order to file a defective product lawsuit.
What Kind of Case Do You Have?
As with most cases, there are several claims you can make. Each one having similarities and differences. Knowing what kind of claim you have- or at least having a good idea as to what type you have- can be helpful when gathering evidence and approaching a defective product lawyer.
So here are some of the cases you might have when it comes to a defective product:
Injured Individual– This would be you, the purchaser of the defective product. This would also apply to anyone who used this product. If you bought a power tool for your husband that turned out to be defective- or bystander who got electrical shock injury as a result of the defective product.
Negligence– This one isn’t as common as other types as it is the hardest one to prove. This one means that every link in the chain of command failed to notice and exercise reasonable care with their product.
Strict Liability– A product can be defective in three ways: in it’s design, when the design wasn’t safe enough; in it’s manufacturing, when the product wasn’t manufactured as the design directed; in its lack of warning. If there were dangers that the consumer should have been warned about but wasn’t.
Being Aware of Warranties for Products Injuries
The warranty of your product is something that will impact your case. Therefore, knowing how they work and the different types that exist is important. Next, we will briefly explain the relevant concepts.
Starting with the types of warranties, you will find that there are only two of them. Implied warranties and express warranties. First, an implied warranty is an unwritten assurance that the product will serve the purpose that it is being bought for. While it is not written on the product or packaging, this type of warranty is automatically applied to it by the state law.
On the other hand, we have express warranties. This one comes written on the product, its packaging, its advertising, its instructions or any other material it comes with. If your defective product has an express warranty, it may be easier to file your claim.
Products Injuries. There is clearly a lot of details when it comes to defective products. For this reason, if you’ve been injured due to a defective product, your best bet is to consult with a lawyer. At the Law Offices of Scott J. Senft, we will help you understand everything regarding your case. We will help you file a claim so that you can get the compensation that you’re entitled to!
