When products malfunction and cause you to get hurt, it can be tough to know what to do next. Product liability law protects consumers like you and holds manufacturers and sellers accountable for faulty items they put out to the public. The steps you take after an injury can have a major effect on your safety, health, and legal case.
Seek Medical Attention
Regardless of the circumstances, your health is always the priority. If a defective product has caused you harm, get medical care immediately. Not only is this vital for your well-being, but it also creates a paper trail documenting your injuries. You’ll need this evidence if you decide to file a product liability claim.
Make sure your healthcare provider keeps detailed notes about how your injury happened, as that will link it directly to the product. Keep copies of all medical records, hospital bills, and treatment plans.
It’s also a good idea to keep a journal about your recovery process. Your symptoms, pain levels, and new physical limitations will show the impact the faulty item has had on your life. The information can strengthen your claim, especially if you file for pain and suffering.
Preserve the Evidence
Once you’ve received medical attention, do what you can to preserve the defective product and any other evidence you’ve collected. Don’t try to repair or alter the item because that can undermine your case. Keep it in a safe place and document its condition with pictures and videos that show the defect and how it caused your injury.
If you still have them, also keep the packaging, instructions, receipts, and warranty info. They’ll show that you used the item as it was meant to be used and didn’t tamper with it before the accident.
In some cases, you may need to store the item in a way that will keep it from becoming damaged or deteriorating any further. This is especially important if the defect is subtle or needs expert analysis to identify. Keeping the product in its current state maintains its integrity, which will prove the defect existed when you bought the item.
Report the Injury
You’ll also need to report the accident to the manufacturer or seller. It’ll alert them to the potential danger of the product, and it also creates a record of your complaint. Make sure to give plenty of details about the situation, but don’t make any statements that can be taken as you accepting blame for the incident. Stick to the facts and keep it brief.
You may also consider reporting the incident to consumer protection agencies like the Consumer Product Safety Commission. They keep track of defective products, which can lead to broader investigations and recalls to help keep consumers safe until the situation is fixed.
Talk to a Product Liability Attorney
Product liability law can be tricky, especially when you’re dealing with the aftermath of an injury. An experienced product liability lawyer can look over your case, advise you on whether you have a strong claim, and help you build your argument for a lawsuit.
Additionally, legal counsel will help you negotiate with manufacturers, sellers, and insurers. They’ll want to settle the claim as quickly and cheaply as possible, so chances are good that they’ll try to lowball you. An attorney will make sure you have an advocate to fight for fair compensation that reflects the full extent of your losses.
Know Your Legal Options
When pursuing a personal injury case, you need to understand the options available to you and what kinds of damages you’re entitled to. Potential compensation in a product liability case might include:
- Medical Expenses: Past, current, and future bills related to the treatment of your injury
- Lost Wages: Reimbursement for income lost if you can’t work while recovering
- Pain and Suffering: Physical and emotional distress
- Property Damage: Any damage the defective product caused to your property
- Loss of Consortium: Damages for the spouse for loss of companionship or support
Your circumstances will determine your compensation types and amounts, but a product liability attorney can help you figure out the best legal strategy for your case.
FAQ
What Is Product Liability Law?
Product liability law refers to the legal rules that determine who is held accountable for dangerous or defective products.
How Long Do I Have to File a Claim?
In Ohio, the statute of limitations for product liability claims is usually two years from the day of the injury. It’s important to talk to an attorney as soon as you’re able to make sure your claim is filed on time.
What Should I Bring to My Consultation?
When you meet with a lawyer for the first time, bring all evidence you have related to your accident. Your exact documentation might vary, and it may include the item itself, photos, videos, hospital records, receipts, and letters from the manufacturer or seller or their insurance.
Who Can Be Held Liable?
In a product liability case, a number of parties could be held responsible for the item that caused your injury. It depends on when the defect happened and the circumstances surrounding the incident. Retailers, suppliers, distributors, and manufacturers could all face a lawsuit when their products injure people.
Hire Legal Counsel Today
If you’ve been hurt by a defective product in the Cincinnati area, contact The Moore Law Firm to schedule a free consultation and discuss your options. Our experienced attorneys will handle the legal matters so you can focus on healing.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.