If a product does not perform the way it should and you are injured as a result, you might have a product liability claim. Defective products injure and kill thousands of Americans annually. Regardless of what the product is, the manufacturer has a responsibility to design, manufacture and sell it with the customer’s safety in mind. If that doesn’t happen, they should be held responsible. We have experience with a wide variety of product claims. Call or email for a free consultation.
The law recognizes different types of defective product claims. A product may be considered defective due to:
- An unreasonably dangerous design that causes injury to a user or bystander.
- A flaw in the way the product was manufactured.
- The failure of the manufacture to warn of risks.
If you or someone you know has been injured due to a product malfunction, follow these key steps to help protect yourself.
What you need to know if you are injured
- Get your injuries treated If you have injuries at the scene, do not drive yourself away. Have yourself fully evaluated and treated by a medical professional.
- Document your injuries It will be much easier to prove the injuries you suffered if you have photos. Photograph injuries and document everything you are forced to endure as a result of the injuries.
- Do not give a statement The other side’s insurance company is going to try to get you to give a statement – either through an investigator or adjuster. Limit your statements to the police officers.
- Do not sign anything The insurance company will try to convince you to sign a medical authorization or other document so they can collect your medical records. The law protects you from unlimited medical record searches. Know your rights before you sign anything.
- Preserve the evidence If your case involves a car or truck, take photographs of the damage. If your case involves a defective product, preserve the product in the same condition. Keep in mind that if you own it, you are entitled to keep it.
- Do not rely on an insurance company Whether it is the insurance adjuster or your own agent, you have to do your own investigation to determine whether there is additional coverage. Injured persons are seldom told about medical payments coverage, underinsured coverage, or other potential recoveries. You should talk with an attorney who is on your side before settling your claim.
- Do not settle your case early Insurance companies will try to get you to settle early. Always remember they are not on your side. You only get one chance to resolve your claim, and you must make it count.
- Get a free consultation For your peace of mind sit down with an attorney with whom you are comfortable and learn how to protect your rights and recover for your injuries.
Our attorneys have handled a broad range of liability claims for products including automobiles, trucks, tires, consumer products, industrial machines, construction materials, child seats, and dangerous toys and children’s products.